kwazulu-natal gaming and betting board request for proposal … · kwazulu-natal gaming and betting...
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KWAZULU-NATAL GAMING AND BETTING BOARD
REQUEST FOR PROPOSAL
KZNGBB-04/2019
APPOINTMENT OF A SERVICE PROVIDER TO PROVIDE
AN OFF-SITE HOSTED VOIP TELECOMMUNICATIONS SOLUTION
FOR A PERIOD OF 3 YEARS
APPOINTMENT OF A SERVICE PROVIDER TO PROVIDE AN OFF-SITE HOSTED VOIP
TELECOMMUNICATIONS SOLUTION FOR A PERIOD OF 3 YEARS
KZNGBB-04/2019 PAGE: 2
CONTENTS
SECTION A - INVITATION TO BID ........................................................................................................................... 3
SECTION B - TERMS AND CONDITIONS FOR BIDDING ........................................................................................... 4
SECTION C - SPECIAL INSTRUCTIONS AND NOTICES TO BIDDERS REGARDING THE COMPLETION OF BIDDING
FORMS .................................................................................................................................................................... 5
SECTION D - REGISTRATION ON THE CENTRAL SUPPLIERS DATABASE ................................................................ 6
SECTION E - TAX CLEARANCE REQUIREMENTS...................................................................................................... 7
SECTION F - PRICING SCHEDULE – FIRM PRICES .................................................................................................... 8
SECTION H - PREFERENCE POINTS CLAIM FORM IN TERMS OF THE PREFERENTIAL PROCUREMENT
REGULATIONS 2017 ............................................................................................................................................. 12
SECTION I - CONTRACT FORM - RENDERING OF SERVICES ................................................................................. 17
SECTION J - DECLARATION OF BIDDER’S PAST SUPPLY CHAIN MANAGEMENT PRACTICES .............................. 20
SBD 8 .................................................................................................................................................................... 20
SECTION M - CONDITIONS OF BID ....................................................................................................................... 26
SECTION N - AUTHORITY TO SIGN A BID ............................................................................................................. 29
SECTION O - COMPULSORY OFFICIAL BRIEFING SESSION ................................................................................... 37
SECTION P - GENERAL CONDITIONS OF CONTRACT ............................................................................................ 38
SECTION Q - TERMS OF REFERENCE ..................................................................................................................... 55
APPOINTMENT OF A SERVICE PROVIDER TO PROVIDE AN OFF-SITE HOSTED VOIP
TELECOMMUNICATIONS SOLUTION FOR A PERIOD OF 3 YEARS
KZNGBB-04/2019 PAGE: 3
SECTION A - INVITATION TO BID
SBD1
YOU ARE HEREBY INVITED TO BID FOR REQUIREMENTS OF THE (NAME OF DEPARTMENT/ PUBLIC ENTITY)
BID NUMBER: KZNGBB-04/2019 CLOSING DATE: 26 JULY 2019 CLOSING TIME: 11H00
COMPULSORY BRIEFING: 9 JULY 2019 BRIEFING TIME: 14H00
DESCRIPTION APPOINTMENT OF A SERVICE PROVIDER TO PROVIDE AN OFF-SITE HOSTED VOIP TELECOMMUNICATIONS SOLUTION FOR A PERIOD OF 3 YEARS
BID RESPONSE DOCUMENTS MUST BE POSTED OR DEPOSITED IN THE BID BOX SITUATED AT (STREET ADDRESS)
BID DOCUMENTS DELIVERED BY HAND/COURIER MUST BE DEPOSITED IN THE BID BOX SITUATED AT: KZNGBB HOUSE 1 GEORGE MACFARLANE LANE WEMBLEY PIETERMARITZBURG
BIDDING PROCEDURE ENQUIRIES MAY BE DIRECTED TO TECHNICAL ENQUIRIES MAY BE DIRECTED TO:
CONTACT PERSON MRS NONHLANHLA BLOSE CONTACT PERSON MR SHERWIN CHARLES
TELEPHONE NUMBER 033 – 345 2714 TELEPHONE NUMBER 033 – 345 2714
FACSIMILE NUMBER 033 – 342 7853 FACSIMILE NUMBER 033 – 342 7853
E-MAIL ADDRESS [email protected] E-MAIL ADDRESS [email protected]
SUPPLIER INFORMATION
NAME OF BIDDER
POSTAL ADDRESS
STREET ADDRESS
TELEPHONE NUMBER CODE NUMBER
CELLPHONE NUMBER
FACSIMILE NUMBER CODE NUMBER
E-MAIL ADDRESS
VAT REG NUMBER
SUPPLIER COMPLIANCE STATUS
TAX COMPLIANCE SYSTEM PIN:
OR CENTRAL SUPPLIER DATABASE No:
MAAA
B-BBEE STATUS LEVEL VERIFICATION CERTIFICATE
TICK APPLICABLE BOX]
Yes No B-BBEE STATUS LEVEL SWORN AFFIDAVIT
[TICK APPLICABLE BOX]
Yes No
[A B-BBEE STATUS LEVEL VERIFICATION CERTIFICATE/ SWORN AFFIDAVIT (FOR EMES & QSEs) MUST BE SUBMITTED IN ORDER TO QUALIFY FOR PREFERENCE POINTS FOR B-BBEE]
ARE YOU THE ACCREDITED REPRESENTATIVE IN SOUTH AFRICA FOR THE GOODS /SERVICES /WORKS OFFERED?
Yes No [IF YES ENCLOSE
PROOF]
ARE YOU A FOREIGN BASED SUPPLIER FOR THE GOODS /SERVICES /WORKS OFFERED?
Yes No [IF YES, ANSWER THE
QUESTIONNAIRE BELOW]
QUESTIONNAIRE TO BIDDING FOREIGN SUPPLIERS
IS THE ENTITY A RESIDENT OF THE REPUBLIC OF SOUTH AFRICA (RSA)? YES NO
DOES THE ENTITY HAVE A BRANCH IN THE RSA? YES NO
DOES THE ENTITY HAVE A PERMANENT ESTABLISHMENT IN THE RSA? YES NO
DOES THE ENTITY HAVE ANY SOURCE OF INCOME IN THE RSA? YES NO
IS THE ENTITY LIABLE IN THE RSA FOR ANY FORM OF TAXATION? YES NO IF THE ANSWER IS “NO” TO ALL OF THE ABOVE, THEN IT IS NOT A REQUIREMENT TO REGISTER FOR A TAX COMPLIANCE STATUS SYSTEM PIN CODE FROM THE SOUTH AFRICAN REVENUE SERVICE (SARS) AND IF NOT REGISTER AS PER 2.3 BELOW.
APPOINTMENT OF A SERVICE PROVIDER TO PROVIDE AN OFF-SITE HOSTED VOIP
TELECOMMUNICATIONS SOLUTION FOR A PERIOD OF 3 YEARS
KZNGBB-04/2019 PAGE: 4
SECTION B - TERMS AND CONDITIONS FOR BIDDING
1. BID SUBMISSION: 1.1. BIDS MUST BE DELIVERED BY THE STIPULATED TIME TO THE CORRECT ADDRESS. LATE BIDS WILL NOT
BE ACCEPTED FOR CONSIDERATION.
1.2. ALL BIDS MUST BE SUBMITTED ON THE OFFICIAL FORMS PROVIDED–(NOT TO BE RE-TYPED) OR IN THE
MANNER PRESCRIBED IN THE BID DOCUMENT.
1.3. THIS BID IS SUBJECT TO THE PREFERENTIAL PROCUREMENT POLICY FRAMEWORK ACT, 2000 AND THE
PREFERENTIAL PROCUREMENT REGULATIONS, 2017, THE GENERAL CONDITIONS OF CONTRACT (GCC)
AND, IF APPLICABLE, ANY OTHER SPECIAL CONDITIONS OF CONTRACT.
1.4. THE SUCCESSFUL BIDDER WILL BE REQUIRED TO FILL IN AND SIGN A WRITTEN CONTRACT FORM.
2. TAX COMPLIANCE REQUIREMENTS
2.1 BIDDERS MUST ENSURE COMPLIANCE WITH THEIR TAX OBLIGATIONS.
2.2 BIDDERS ARE REQUIRED TO SUBMIT THEIR UNIQUE PERSONAL IDENTIFICATION NUMBER (PIN) ISSUED
BY SARS TO ENABLE THE ORGAN OF STATE TO VERIFY THE TAXPAYER’S PROFILE AND TAX STATUS.
2.3 APPLICATION FOR TAX COMPLIANCE STATUS (TCS) PIN MAY BE MADE VIA E-FILING THROUGH THE SARS
WEBSITE WWW.SARS.GOV.ZA.
2.4 BIDDERS MAY ALSO SUBMIT A PRINTED TCS CERTIFICATE TOGETHER WITH THE BID.
2.5 IN BIDS WHERE CONSORTIA / JOINT VENTURES / SUB-CONTRACTORS ARE INVOLVED, EACH PARTY MUST
SUBMIT A SEPARATE TCS CERTIFICATE / PIN / CSD NUMBER.
2.6 WHERE NO TCS PIN IS AVAILABLE BUT THE BIDDER IS REGISTERED ON THE CENTRAL SUPPLIER DATABASE
(CSD), A CSD NUMBER MUST BE PROVIDED.
2.7 NO BIDS WILL BE CONSIDERED FROM PERSONS IN THE SERVICE OF THE STATE, COMPANIES WITH
DIRECTORS WHO ARE PERSONS IN THE SERVICE OF THE STATE, OR CLOSE CORPORATIONS WITH
MEMBERS PERSONS IN THE SERVICE OF THE STATE.”
NB: FAILURE TO PROVIDE / OR COMPLY WITH ANY OF THE ABOVE PARTICULARS MAY RENDER THE
BID INVALID. SIGNATURE OF BIDDER: …………………………………………… CAPACITY UNDER WHICH THIS BID IS SIGNED: …………………………………………… (Proof of authority must be submitted e.g. company resolution) DATE: …………………………………………...
APPOINTMENT OF A SERVICE PROVIDER TO PROVIDE AN OFF-SITE HOSTED VOIP
TELECOMMUNICATIONS SOLUTION FOR A PERIOD OF 3 YEARS
KZNGBB-04/2019 PAGE: 5
SECTION C - SPECIAL INSTRUCTIONS AND NOTICES TO BIDDERS REGARDING THE COMPLETION OF
BIDDING FORMS
`
PLEASE NOTE THAT THIS BID IS SUBJECT TO TREASURY REGULATIONS 16A ISSUED IN TERMS OF THE
PUBLIC FINANCE MANAGEMENT ACT, 1999, THE KWAZULU-NATAL SUPPLY CHAIN MANAGEMENT
POLICY FRAMEWORK AND THE GENERAL CONDITIONS OF CONTRACT.
1. Unless inconsistent with or expressly indicated otherwise by the context, the singular shall include the plural and vice versa and with words importing the masculine gender shall include the feminine and the neuter.
2. Under no circumstances whatsoever may the bid forms be retyped or redrafted. Photocopies of the original bid documentation may be used, but an original signature must appear on such photocopies.
3. The bidder is advised to check the number of pages and to satisfy himself that none are missing or duplicated.
4. Bids submitted must be complete in all respects.
5. Bids shall be lodged at the address indicated not later than the closing time specified for their receipt, and in accordance with the directives in the bid documents.
6. Each bid shall be addressed in accordance with the directives in the bid documents and shall be lodged in a separate sealed envelope, with the name and address of the bidder, the bid number and closing date indicated on the envelope. The envelope shall not contain documents relating to any bid other than that shown on the envelope. If this provision is not complied with, such bids may be rejected as being invalid.
7. All bids received in sealed envelopes with the relevant bid numbers on the envelopes are kept unopened in safe custody until the closing time of the bids. Where, however, a bid is received open, it shall be sealed. If it is received without a bid number on the envelope, it shall be opened, the bid number ascertained, the envelope sealed and the bid number written on the envelope.
8. A specific box is provided for the receipt of bids, and no bid found in any other box or elsewhere subsequent to the closing date and time of bid will be considered.
9. No bid sent through the post will be considered if it is received after the closing date and time stipulated in the bid documentation, and proof of posting will not be accepted as proof of delivery.
10. No bid submitted by telefax, telegraphic or other electronic means will be considered.
11. Bidding documents must not be included in packages containing samples. Such bids may be rejected as being invalid.
12. Any alteration made by the bidder must be initialled.
13. Use of correcting fluid is prohibited.
14. Bids will not be opened in public as soon as practicable after the closing time of bid.
15. Where practical, prices are made public at the time of opening bids.
16. If it is desired to make more than one offer against any individual item, such offers should be given on a photocopy of the page in question. Clear indication thereof must be stated on the schedules attached.
APPOINTMENT OF A SERVICE PROVIDER TO PROVIDE AN OFF-SITE HOSTED VOIP
TELECOMMUNICATIONS SOLUTION FOR A PERIOD OF 3 YEARS
KZNGBB-04/2019 PAGE: 6
SECTION D - REGISTRATION ON THE CENTRAL SUPPLIERS DATABASE
1. In terms of the KwaZulu-Natal Supply Chain Management Policy Framework, all suppliers of goods and services are required to register on the Central Suppliers Database.
2. If you wish to apply for Central Supplier Database (CSD) registration, suppliers may go to www.csd.gov.za to register or call 033 897 4223/4676/4509 for assistance.
3. If a business is registered on the Database and it is found subsequently that false or incorrect information has been supplied, then the Department may, without prejudice to any other legal rights or remedies it may;
3.1. De-register the supplier from the Database,
3.2. Cancel a bid or a contract awarded to such supplier, and the supplier would become liable for any damages if a less favourable bid is accepted or less favourable arrangements are made.
4. The same principles as set out in paragraph 3 above are applicable should the supplier fail to updates its information on the Central Suppliers Database, relating to changed particulars or circumstances.
DECLARATION THAT INFORMATION ON CENTRAL SUPPLIER DATABASE (CSD) IS CORRECT AND UP TO DATE (TO BE COMPLETED BY BIDDER)
THIS IS TO CERTIFY THAT I (name of bidder/authorised representative)
………………………………………………………………………………………………………………………………………………….………..
WHO REPRESENTS (state name of bidder)
………..........................................................................................................................................................
I am aware of the contents of the central supplier database with respect to the bidder’s details and registration information, and that the said information is correct and up to date as on the date of submitting this bid. And I am aware that incorrect or outdated information may be a cause for disqualification of this bid from the bidding process, and/or possible cancellation of the contract that may be awarded on the basis of this bid.
CSD NUMBER: …………………………………….…………………
SIGNATURE OF BIDDER: …………………………………….…………………
DATE: ……………………………….……………………...
APPOINTMENT OF A SERVICE PROVIDER TO PROVIDE AN OFF-SITE HOSTED VOIP
TELECOMMUNICATIONS SOLUTION FOR A PERIOD OF 3 YEARS
KZNGBB-04/2019 PAGE: 7
SECTION E - TAX CLEARANCE REQUIREMENTS
Government is committed to increasing the degree of compliance with Supply Chain Management
prescripts and ensuring that persons conducting or intending to conduct business with the State are
afforded NO scope to abuse the Supply Chain Management system. It is therefore essential to ensure
that persons conducting business with the State are tax compliant at the awarding of price quotations
or competitive bids as NO price quotations or competitive bids will be awarded to persons who are
not tax compliant.
1. In order to meet this requirement bidders may:
1.1. Submit an original Tax Clearance Certificate to the Entity; or
1.2. Bidders can now apply for a Tax Clearance Certificate online via e-Filing. Applications for the
Tax Clearance Certificates may also be made via eFiling. In order to use this provision,
taxpayers will need to register with SARS as eFilers through www.sars.gov.za. Bidders will be
provided with a Tax Compliance Status PIN, which may be submitted with their bid, that can
be used by the Entity to verify the taxpayer’s real-time compliance status; or
1.3. Bidders are requested to furnish the Entity with their CSD Number to enable the institution
to verify the Tax Clearance status, in real time, on Central Supplier Database.
2. In bids where Consortia / Joint Ventures / Sub-contractors are involved, each party must submit
separate Tax Clearance information as per point 1 above.
I HAVE READ AND COMPLIED WITH THE SPECIAL INSTRUCTIONS ABOVE.
…………………………………………………………..
SURNAME AND INITIALS OF REPRESENTATIVE
..................................................................................
SIGNATURE
…………....................................................................
DATE
APPOINTMENT OF A SERVICE PROVIDER TO PROVIDE AN OFF-SITE HOSTED VOIP TELECOMMUNICATIONS SOLUTION FOR A PERIOD OF 3 YEARS
KZNGBB-04/2019 PAGE: 8
SECTION F - PRICING SCHEDULE – FIRM PRICES
SBD 3.1 NOTE: ONLY FIRM PRICES WILL BE ACCEPTED. NON-FIRM PRICES (INCLUDING PRICES SUBJECT TO
RATES OF EXCHANGE VARIATIONS) WILL NOT BE CONSIDERED IN CASES WHERE DIFFERENT DELIVERY POINTS INFLUENCE THE PRICING, A SEPARATE PRICING SCHEDULE MUST BE SUBMITTED FOR EACH DELIVERY POINT
NAME OF BIDDER
BID NUMBER KZNGBB-04/2019
CLOSING TIME 11H00
CLOSING DATE 26 JULY 2019
OFFER TO BE VALID FOR 120 WORKING DAYS FROM THE CLOSING DATE OF BID.
YEAR TOTAL PRICE % ESCALATION ESCALATION AMT. TOTAL
Year 1
Year 2
Year 3
TOTAL
- Does the offer comply with the specification(s)? YES/NO - If not to specification, indicate deviation(s) …………………………………………………………………………………………………………………………………………. …………………………………………………………………………………………………………………………………………. …………………………………………………………………………………………………………………………………………. - Period required for delivery
………………………………………………………………………………………………………………………………………....
APPOINTMENT OF A SERVICE PROVIDER TO PROVIDE AN OFF-SITE HOSTED VOIP TELECOMMUNICATIONS SOLUTION FOR A PERIOD OF 3 YEARS
KZNGBB-04/2019 PAGE: 9
SECTION G - DECLARATION OF INTEREST
SBD 4 1. Any legal person, including persons employed by the state¹, or persons having a kinship with
persons employed by the state, including a blood relationship, may make an offer or offers in terms of this invitation to bid (includes a price quotation, advertised competitive bid, limited bid or proposal). In view of possible allegations of favouritism, should the resulting bid, or part thereof, be awarded to persons employed by the state, or to persons connected with or related to them, it is required that the bidder or his/her authorised representative declare his/her position in relation to the evaluating/adjudicating authority where-
- the bidder is employed by the state; and/or - the legal person on whose behalf the bidding document is signed, has a relationship
with persons/a person who are/is involved in the evaluation and or adjudication of the bid(s), or where it is known that such a relationship exists between the person or persons for or on whose behalf the declarant acts and persons who are involved with the evaluation and or adjudication of the bid.
2. In order to give effect to the above, the following questionnaire must be completed and
submitted with the bid. 2.1 Full Name of bidder or his or her representative: ………………………………………………………..………. 2.2 Identity Number: ……………………………………………………………………..………………………………………… 2.3 Position occupied in the Company (director, trustee, shareholder²): …………………………………………………………………………………………………………………………………………….. 2.4 Company Registration Number: ………………………………….………………………………………………..……. 2.5 Tax Reference Number: …………………………………………………………………..………………………….……… 2.6 VAT Registration Number: ………………………………………………………………………………………………....
2.6.1 The names of all directors / trustees / shareholders / members, their individual identity
numbers, tax reference numbers and, if applicable, employee / persal numbers must be indicated in paragraph 3 below.
¹“State” means – (a) any national or provincial department, national or provincial public entity or constitutional
institution within the meaning of the Public Finance Management Act, 1999 (Act No. 1 of 1999);
(b) any municipality or municipal entity; (c) provincial legislature; (d) national Assembly or the national Council of provinces; or (e) Parliament. ²”Shareholder” means a person who owns shares in the company and is actively involved in the
management of the enterprise or business and exercises control over the enterprise.
APPOINTMENT OF A SERVICE PROVIDER TO PROVIDE AN OFF-SITE HOSTED VOIP TELECOMMUNICATIONS SOLUTION FOR A PERIOD OF 3 YEARS
KZNGBB-04/2019 PAGE: 10
2.7 Are you or any person connected with the bidder YES / NO presently employed by the state? 2.7.1 If so, furnish the following particulars:
Name of person / director / trustee / shareholder/ member: ……....………….………………………… Name of state institution at which you or the person connected to the bidder is employed:
……………………………………………………………………………………………………….……………………………………… Position occupied in the state institution: ……………………………………….……………………………………… Any other particulars: ……………………………………………………………………………………………………….………………………………………
……………………………………………………………………………………………………….………………………………………
2.7.2 If you are presently employed by the state, did you obtain YES / NO the appropriate authority to undertake remunerative work outside employment in the public sector?
2.7.2.1 If yes, did you attached proof of such authority to the bid YES / NO
document? (Note: Failure to submit proof of such authority, where applicable, may result in the disqualification of the bid.
2.7.2.2 If no, furnish reasons for non-submission of such proof:
……………………………………………………………………………………………………….………………………………………
……………………………………………………………………………………………………….………………………………………
2.8 Did you or your spouse, or any of the company’s directors / YES / NO trustees / shareholders / members or their spouses conduct business with the state in the previous twelve months?
2.8.1 If so, furnish particulars:
……………………………………………………………………………………………………….………………………………………
……………………………………………………………………………………………………….………………………………………
2.9 Do you, or any person connected with the bidder, have YES / NO any relationship (family, friend, other) with a person employed by the state and who may be involved with the evaluation and or adjudication of this bid?
2.9.1 If so, furnish particulars.
……………………………………………………………………………………………………….………………………………………
……………………………………………………………………………………………………….………………………………………
APPOINTMENT OF A SERVICE PROVIDER TO PROVIDE AN OFF-SITE HOSTED VOIP TELECOMMUNICATIONS SOLUTION FOR A PERIOD OF 3 YEARS
KZNGBB-04/2019 PAGE: 11
2.10 Are you, or any person connected with the bidder, YES/NO aware of any relationship (family, friend, other) between
any other bidder and any person employed by the state who may be involved with the evaluation and or adjudication of this bid?
2.10.1 If so, furnish particulars.
……………………………………………………………………………………………………….………………………………………
……………………………………………………………………………………………………….………………………………………
2.11 Do you or any of the directors / trustees / shareholders / members YES/NO of the company have any interest in any other related companies whether or not they are bidding for this contract?
2.11.1 If so, furnish particulars: ……………………………………………………………………………………………………….……………………………………… ……………………………………………………………………………………………………….……………………………………… 3 Full details of directors / trustees / members / shareholders.
FULL NAME IDENTITY NUMBER
PERSONAL TAX REFERENCE NUMBER
STATE EMPLOYEE NUMBER / PERSAL
NUMBER
4 DECLARATION
I, THE UNDERSIGNED (NAME)………………………………………………………………………
CERTIFY THAT THE INFORMATION FURNISHED IN PARAGRAPHS 2 and 3 ABOVE IS CORRECT. I ACCEPT THAT THE STATE MAY REJECT THE BID OR ACT AGAINST ME IN TERMS OF PARAGRAPH 23 OF THE GENERAL CONDITIONS OF CONTRACT SHOULD THIS DECLARATION PROVE TO BE FALSE. ………………………………….. ..…………………………………………… Signature Date
………………………………….. ..…………………………………………… Position Name of Bidder
APPOINTMENT OF A SERVICE PROVIDER TO PROVIDE AN OFF-SITE HOSTED VOIP TELECOMMUNICATIONS SOLUTION FOR A PERIOD OF 3 YEARS
KZNGBB-04/2019 PAGE: 12
SECTION H - PREFERENCE POINTS CLAIM FORM IN TERMS OF THE PREFERENTIAL PROCUREMENT REGULATIONS 2017
SBD 6.1 This preference form must form part of all bids invited. It contains general information and serves as a claim form for preference points for Broad-Based Black Economic Empowerment (B-BBEE) Status Level of Contribution
NB: BEFORE COMPLETING THIS FORM, BIDDERS MUST STUDY THE GENERAL CONDITIONS, DEFINITIONS AND DIRECTIVES APPLICABLE IN RESPECT OF B-BBEE, AS PRESCRIBED IN THE PREFERENTIAL PROCUREMENT REGULATIONS, 2017.
1. GENERAL CONDITIONS
1.1 The following preference point systems are applicable to all bids:
- The 80/20 system for requirements with a Rand value of up to R50 000 000 (all applicable taxes included); and
- The 90/10 system for requirements with a Rand value above R50 000 000 (all applicable taxes included).
1.2
a) The value of this bid is estimated to not exceed R50 000 000 (all applicable taxes included) and therefore the 80/20 preference point system shall be applicable;
1.3 Points for this bid shall be awarded for:
(a) Price; and
(b) B-BBEE Status Level of Contributor.
1.4 The maximum points for this bid are allocated as follows:
POINTS
PRICE 80
B-BBEE STATUS LEVEL OF CONTRIBUTOR 20
TOTAL POINTS FOR PRICE AND B-BBEE MUST NOT EXCEED 100
1.5 Failure on the part of a bidder to submit proof of B-BBEE Status level of contributor together with the bid, will be interpreted to mean that preference points for B-BBEE status level of contribution are not claimed.
1.6 The purchaser reserves the right to require of a bidder, either before a bid is adjudicated or at any time subsequently, to substantiate any claim in regard to preferences, in any manner required by the purchaser.
APPOINTMENT OF A SERVICE PROVIDER TO PROVIDE AN OFF-SITE HOSTED VOIP TELECOMMUNICATIONS SOLUTION FOR A PERIOD OF 3 YEARS
KZNGBB-04/2019 PAGE: 13
2. DEFINITIONS
(a) “B-BBEE” means broad-based black economic empowerment as defined in section 1 of the Broad-Based Black Economic Empowerment Act;
(b) “B-BBEE status level of contributor” means the B-BBEE status of an entity in terms of a code of good practice on black economic empowerment, issued in terms of section 9(1) of the Broad-Based Black Economic Empowerment Act;
(c) “bid” means a written offer in a prescribed or stipulated form in response to an invitation by an organ of state for the provision of goods or services, through price quotations, advertised competitive bidding processes or proposals;
(d) “Broad-Based Black Economic Empowerment Act” means the Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003);
(e) “EME” means an Exempted Micro Enterprise in terms of a code of good practice on black economic empowerment issued in terms of section 9 (1) of the Broad-Based Black Economic Empowerment Act;
(f) “functionality” means the ability of a tenderer to provide goods or services in accordance with specifications as set out in the tender documents.
(g) “prices” includes all applicable taxes less all unconditional discounts;
(h) “proof of B-BBEE status level of contributor” means:
1) B-BBEE Status level certificate issued by an authorized body or person;
2) A sworn affidavit as prescribed by the B-BBEE Codes of Good Practice;
3) Any other requirement prescribed in terms of the B-BBEE Act;
(i) “QSE” means a qualifying small business enterprise in terms of a code of good practice on black economic empowerment issued in terms of section 9 (1) of the Broad-Based Black Economic Empowerment Act;
(j) “rand value” means the total estimated value of a contract in Rand, calculated at the time of bid invitation, and includes all applicable taxes;
3. POINTS AWARDED FOR PRICE
3.1 THE 80/20 PREFERENCE POINT SYSTEMS
A maximum of 80 points is allocated for price on the following basis: 80/20
min
min180
P
PPtPs Where,
Ps = Points scored for price of bid under consideration
Pt = Price of bid under consideration
Pmin = Price of lowest acceptable bid
APPOINTMENT OF A SERVICE PROVIDER TO PROVIDE AN OFF-SITE HOSTED VOIP TELECOMMUNICATIONS SOLUTION FOR A PERIOD OF 3 YEARS
KZNGBB-04/2019 PAGE: 14
4. POINTS AWARDED FOR B-BBEE STATUS LEVEL OF CONTRIBUTOR
4.1 In terms of Regulation 6 (2) and 7 (2) of the Preferential Procurement Regulations, preference points must be awarded to a bidder for attaining the B-BBEE status level of contribution in accordance with the table below:
B-BBEE Status Level of Contributor Number of points
(80/20 system)
1 20
2 18
3 14
4 12
5 8
6 6
7 4
8 2
Non-compliant contributor 0
5. BID DECLARATION
5.1 Bidders who claim points in respect of B-BBEE Status Level of Contribution must complete the following:
6. B-BBEE STATUS LEVEL OF CONTRIBUTOR CLAIMED IN TERMS OF PARAGRAPHS 1.4 AND 4.1
6.1 B-BBEE Status Level of Contributor: ………………….. = ………………………(maximum of 20 points)
(Points claimed in respect of paragraph 7.1 must be in accordance with the table reflected in paragraph 4.1 and must be substantiated by relevant proof of B-BBEE status level of contributor.
7. SUB-CONTRACTING
7.1 Will any portion of the contract be sub-contracted? (Tick applicable box)
YES NO
7.1.1 If yes, indicate:
i) What percentage of the contract will be subcontracted.............................…………….…………%
ii) The name of the sub-contractor……………………………………………………………………………………….
iii) The B-BBEE status level of the sub-contractor......................................……………………………..
iv) Whether the sub-contractor is an EME or QSE (Tick applicable box)
YES NO
v) Specify, by ticking the appropriate box, if subcontracting with an enterprise in terms of
Preferential Procurement Regulations,2017:
APPOINTMENT OF A SERVICE PROVIDER TO PROVIDE AN OFF-SITE HOSTED VOIP TELECOMMUNICATIONS SOLUTION FOR A PERIOD OF 3 YEARS
KZNGBB-04/2019 PAGE: 15
Designated Group: An EME or QSE which is at last 51% owned by: EME √
QSE √
Black people
Black people who are youth
Black people who are women
Black people with disabilities
Black people living in rural or underdeveloped areas or townships
Cooperative owned by black people
Black people who are military veterans
OR
Any EME
Any QSE
8. DECLARATION WITH REGARD TO COMPANY/FIRM
8.1 Name of company/firm: …………………………………………………………………………………………………………….
8.2 VAT registration number: ……………………………………………………………………….…………………………………
8.3 Company registration number: ……………………………….………….……………………….…………………………….
8.4 TYPE OF COMPANY/ FIRM
Partnership/Joint Venture / Consortium
One person business/sole propriety
Close corporation
Company
(Pty) Limited [TICK APPLICABLE BOX]
8.5 DESCRIBE PRINCIPAL BUSINESS ACTIVITIES
…………………………………………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………………………….…..
8.6 COMPANY CLASSIFICATION
Manufacturer
Supplier
Professional service provider
Other service providers, e.g. transporter, etc. [TICK APPLICABLE BOX]
8.7 Total number of years the company/firm has been in business: ………………………………………………
8.8 I/we, the undersigned, who is / are duly authorised to do so on behalf of the company/firm,
APPOINTMENT OF A SERVICE PROVIDER TO PROVIDE AN OFF-SITE HOSTED VOIP TELECOMMUNICATIONS SOLUTION FOR A PERIOD OF 3 YEARS
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certify that the points claimed, based on the B-BBE status level of contributor indicated in
paragraphs 1.4 and 6.1 of the foregoing certificate, qualifies the company/ firm for the
preference(s) shown and I / we acknowledge that:
i) The information furnished is true and correct;
ii) The preference points claimed are in accordance with the General Conditions as indicated in paragraph 1 of this form;
iii) In the event of a contract being awarded as a result of points claimed as shown in paragraphs 1.4 and 6.1, the contractor may be required to furnish documentary proof to the satisfaction of the purchaser that the claims are correct;
iv) If the B-BBEE status level of contributor has been claimed or obtained on a fraudulent basis or any of the conditions of contract have not been fulfilled, the purchaser may, in addition to any other remedy it may have –
(a) disqualify the person from the bidding process;
(b) recover costs, losses or damages it has incurred or suffered as a result of that person’s conduct;
(c) cancel the contract and claim any damages which it has suffered as a result of having to make less favourable arrangements due to such cancellation;
(d) recommend that the bidder or contractor, its shareholders and directors, or only the shareholders and directors who acted on a fraudulent basis, be restricted by the National Treasury from obtaining business from any organ of state for a period not exceeding 10 years, after the audi alteram partem (hear the other side) rule has been applied; and
(e) forward the matter for criminal prosecution.
……………………………………….
SIGNATURE(S) OF BIDDERS(S)
DATE: …………………………………..
ADDRESS: …………………………………..
…………………………………..
…………………………………..
WITNESSES
1. ……………………………………..
2. …………………………………….
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SECTION I - CONTRACT FORM - RENDERING OF SERVICES
SBD 7.2 THIS FORM MUST BE FILLED IN DUPLICATE BY BOTH THE SERVICE PROVIDER (PART 1) AND THE PURCHASER (PART 2). BOTH FORMS MUST BE SIGNED IN THE ORIGINAL SO THAT THE SERVICE PROVIDER AND THE PURCHASER WOULD BE IN POSSESSION OF ORIGINALLY SIGNED CONTRACTS FOR THEIR RESPECTIVE RECORDS. PART 1 (TO BE FILLED IN BY THE SERVICE PROVIDER) 1. I hereby undertake to render services described in the attached bidding documents to (name of
the institution)…………………………………………………………………………………………………………………………….
in accordance with the requirements and task directives / proposals specifications stipulated in
Bid Number…………………………………………………………………..….……….. at the price/s quoted. My
offer/s remain binding upon me and open for acceptance by the Purchaser during the validity
period indicated and calculated from the closing date of the bid.
2. The following documents shall be deemed to form and be read and construed as part of this
agreement:
(i) Bidding documents, viz
- Invitation to bid;
- Tax clearance certificate;
- Pricing schedule(s);
- Filled in task directive/proposal;
- Preference claims for Broad Based Black Economic Empowerment Status Level of
Contribution in terms of the Preferential Procurement Regulations 2017;
- Declaration of interest;
- Declaration of bidder’s past SCM practices;
- Certificate of Independent Bid Determination;
- Special Conditions of Contract;
(ii) General Conditions of Contract; and
(iii) Other (specify)
3. I confirm that I have satisfied myself as to the correctness and validity of my bid; that the price(s)
and rate(s) quoted cover all the services specified in the bidding documents; that the price(s) and
rate(s) cover all my obligations and I accept that any mistakes regarding price(s) and rate(s) and
calculations will be at my own risk.
4. I accept full responsibility for the proper execution and fulfilment of all obligations and conditions
devolving on me under this agreement as the principal liable for the due fulfilment of this
contract.
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5. I declare that I have no participation in any collusive practices with any bidder or any other person
regarding this or any other bid.
6. I confirm that I am duly authorised to sign this contract.
NAME (PRINT) …………………………….
CAPACITY …………………………….
SIGNATURE …………………………….
NAME OF FIRM …………………………….
DATE …………………………….
WITNESSES
1 …….…………………………….
2 ……….………………………….
DATE: ……………………………..
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SBD 7.2 PART 2 (TO BE FILLED IN BY THE PURCHASER) 1. I……………………………………………. in my capacity as……………………...……………………………….. accept your
bid under reference number ………………dated………………………for the rendering of services indicated hereunder and/or further specified in the annexure(s).
2. An official order indicating service delivery instructions is forthcoming. 3. I undertake to make payment for the services rendered in accordance with the terms and
conditions of the contract, within 30 (thirty) days after receipt of an invoice.
4. I confirm that I am duly authorised to sign this contract. SIGNED AT ………………………………………………………………………..……………… ON……………………………………………….. NAME (PRINT) …………………………………………………………………………………………………………..………………. SIGNATURE ………………………………………………………………………………………………………………….…………
OFFICIAL STAMP
DESCRIPTION OF SERVICE
PRICE (ALL APPLICABLE
TAXES INCLUDED)
COMPLETION DATE
B-BBEE STATUS LEVEL OF CONTRIB-
UTION
MINIMUM THRESHOLD FOR LOCAL PRODUCTION
AND CONTENT (if applicable)
WITNESSES
1 ….……………………………………….…….
2 …..…………………………………………….
DATE: ……………………………..
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SECTION J - DECLARATION OF BIDDER’S PAST SUPPLY CHAIN MANAGEMENT PRACTICES
SBD 8
1 This Standard Bidding Document must form part of all bids invited. 2 It serves as a declaration to be used by institutions in ensuring that when goods and
services are being procured, all reasonable steps are taken to combat the abuse of the supply chain management system.
3 The bid of any bidder may be disregarded if that bidder, or any of its directors have-
a. abused the institution’s supply chain management system; b. committed fraud or any other improper conduct in relation to such system; or c. failed to perform on any previous contract.
4 In order to give effect to the above, the following questionnaire must be completed and submitted with the bid.
Item Question Yes No
4.1 Is the bidder or any of its directors listed on the National Treasury’s Database of Restricted Suppliers as companies or persons prohibited from doing business with the public sector? (Companies or persons who are listed on this Database were informed in writing of this restriction by the Accounting Officer/Authority of the institution that imposed the restriction after the audi alteram partem rule was applied). The Database of Restricted Suppliers now resides on the National Treasury’s website(www.treasury.gov.za) and can be accessed by clicking on its link at the bottom of the home page.
Yes
No
4.1.1 If so, furnish particulars:
4.2 Is the bidder or any of its directors listed on the Register for Tender Defaulters in terms of section 29 of the Prevention and Combating of Corrupt Activities Act (No 12 of 2004)? The Register for Tender Defaulters can be accessed on the National Treasury’s website (www.treasury.gov.za) by clicking on its link at the bottom of the home page.
Yes
No
4.2.1 If so, furnish particulars:
4.3 Was the bidder or any of its directors convicted by a court of law (including a court outside of the Republic of South Africa) for fraud or corruption during the past five years?
Yes
No
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4.3.1 If so, furnish particulars:
4.4 Was any contract between the bidder and any organ of state terminated during the past five years on account of failure to perform on or comply with the contract?
Yes
No
4.4.1 If so, furnish particulars:
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SECTION K - CERTIFICATION
I, THE UNDERSIGNED (FULL NAME)………………………………………………………………….……………………………
CERTIFY THAT THE INFORMATION FURNISHED ON THIS DECLARATION FORM IS TRUE AND CORRECT.
I ACCEPT THAT, IN ADDITION TO CANCELLATION OF A CONTRACT, ACTION MAY BE TAKEN AGAINST
ME SHOULD THIS DECLARATION PROVE TO BE FALSE.
Signature Date
Position Name of bidder
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SECTION L - CERTIFICATE OF INDEPENDENT BID DETERMINATION
SBD 9
1 This Standard Bidding Document (SBD) must form part of all bids¹ invited.
2 Section 4 (1) (b) (iii) of the Competition Act No. 89 of 1998, as amended, prohibits an
agreement between, or concerted practice by, firms, or a decision by an association of firms,
if it is between parties in a horizontal relationship and if it involves collusive bidding (or bid
rigging).² Collusive bidding is a pe se prohibition meaning that it cannot be justified under any
grounds.
3 Treasury Regulation 16A9 prescribes that accounting officers and accounting authorities must
take all reasonable steps to prevent abuse of the supply chain management system and
authorizes accounting officers and accounting authorities to:
a. disregard the bid of any bidder if that bidder, or any of its directors have abused the
institution’s supply chain management system and or committed fraud or any other
improper conduct in relation to such system.
b. cancel a contract awarded to a supplier of goods and services if the supplier
committed any corrupt or fraudulent act during the bidding process or the execution
of that contract.
4 This SBD serves as a certificate of declaration that would be used by institutions to ensure
that, when bids are considered, reasonable steps are taken to prevent any form of bid-rigging.
5 In order to give effect to the above, the attached Certificate of Bid Determination (SBD 9) must
be completed and submitted with the bid:
¹ Includes price quotations, advertised competitive bids, limited bids and proposals.
² Bid rigging (or collusive bidding) occurs when businesses, that would otherwise be expected to
compete, secretly conspire to raise prices or lower the quality of goods and / or services for
purchasers who wish to acquire goods and / or services through a bidding process. Bid rigging is,
therefore, an agreement between competitors not to compete.
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CERTIFICATE OF INDEPENDENT BID DETERMINATION
I, the undersigned, in submitting the accompanying bid (Bid Number and Description):
__________________________________________________________________________________
in response to the invitation for the bid made by (Name of Institution):
__________________________________________________________________________________
do hereby make the following statements that I certify to be true and complete in every respect:
I certify, on behalf of (Name of Bidder): ______________________________________________that:
1. I have read and I understand the contents of this Certificate;
2. I understand that the accompanying bid will be disqualified if this Certificate is found not to
be true and complete in every respect;
3. I am authorized by the bidder to sign this Certificate, and to submit the accompanying bid, on
behalf of the bidder;
4. Each person whose signature appears on the accompanying bid has been authorized by the
bidder to determine the terms of, and to sign the bid, on behalf of the bidder;
5. For the purposes of this Certificate and the accompanying bid, I understand that the word
“competitor” shall include any individual or organization, other than the bidder, whether or
not affiliated with the bidder, who:
(a) has been requested to submit a bid in response to this bid invitation;
(b) could potentially submit a bid in response to this bid invitation, based on their
qualifications, abilities or experience; and
(c) provides the same goods and services as the bidder and/or is in the same line
of business as the bidder
6. The bidder has arrived at the accompanying bid independently from, and without
consultation, communication, agreement or arrangement with any competitor. However
communication between partners in a joint venture or consortium³ will not be construed as
collusive bidding.
7. In particular, without limiting the generality of paragraphs 6 above, there has been no
consultation, communication, agreement or arrangement with any competitor regarding:
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(a) prices;
(b) geographical area where product or service will be rendered (market
allocation)
(c) methods, factors or formulas used to calculate prices;
(d) the intention or decision to submit or not to submit, a bid;
(e) the submission of a bid which does not meet the specifications and
conditions of the bid; or
(f) bidding with the intention not to win the bid.
8. In addition, there have been no consultations, communications, agreements or arrangements
with any competitor regarding the quality, quantity, specifications and conditions or delivery
particulars of the products or services to which this bid invitation relates.
9. The terms of the accompanying bid have not been, and will not be, disclosed by the bidder,
directly or indirectly, to any competitor, prior to the date and time of the official bid opening
or of the awarding of the contract.
10. I am aware that, in addition and without prejudice to any other remedy provided to combat
any restrictive practices related to bids and contracts, bids that are suspicious will be reported
to the Competition Commission for investigation and possible imposition of administrative
penalties in terms of section 59 of the Competition Act No 89 of 1998 and or may be reported
to the National Prosecuting Authority (NPA) for criminal investigation and or may be
restricted from conducting business with the public sector for a period not exceeding ten (10)
years in terms of the Prevention and Combating of Corrupt Activities Act No 12 of 2004 or
any other applicable legislation.
Signature Date
Position Name of bidder
³ Joint venture or Consortium means an association of persons for the purpose of combining their
expertise, property, capital, efforts, skill and knowledge in an activity for the execution of a contract.
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SECTION M - CONDITIONS OF BID
1. I/We hereby bid to supply all or any of the supplies and/or to render all or any of the services
described in the attached documents to the KwaZulu-Natal Gaming and Betting Board (hereinafter
called the “Board”) on the terms and conditions and be in accordance with the specifications
stipulated in the bid documents (and which shall be taken as part of and be incorporated into this
bid) at the prices and on the terms regarding time for delivery and/or execution inserted therein.
2. I/we agree that:
(a) the offer herein shall remain binding upon me and open for acceptance by the Board during the validity period indicated and calculated from the closing time of the bid;
(b) this bid and its acceptance shall be subject to Treasury Regulations 16A issued in terms of the Public Finance Management Act, 1999, the KwaZulu-Natal Supply Chain Management Policy Framework, the Provincial Treasury issued Practice Notes, and the KwaZulu-Natal General Conditions of Contract, with which I/we am fully acquainted;
(c) if I/we withdraw my bid within the period for which I/we have agreed that the bid shall remain open for acceptance, or fail to fulfil the contract when called upon to do so, the Board may, without prejudice to its other rights, agree to the withdrawal of my bid or cancel the contract that may have been entered into between me and the Board. I/we will then pay to the Board any additional expenses incurred by the Board having either to accept any less favourable bid or, if fresh bids have to be invited, the additional expenditure incurred by the invitation of fresh bids and by the subsequent acceptance of any less favourable bid. The Board shall have the right to recover such additional expenditure by set-off against monies which may be due to me under this or any other bid or contract or against any guarantee or deposit that may have been furnished by me or on my behalf for the due fulfilment of this or any other bid or contract and pending the ascertainment of the amount of such additional expenditure to retain such monies, guarantee or deposit as security for any loss the Board may sustain by reason of my default;
(d) if my bid is accepted, the acceptance may be communicated to me by registered post, and that the South African Post Office Limited shall be treated as delivery agent to me;
(e) the law of the Republic of South Africa shall govern the contract created by the acceptance of my bid and I choose domicilium citandi et executandi in the Republic at (full physical address) :
............................................................................................................................
.............................................................................................................................
3. I/we furthermore confirm that I/we have satisfied myself as to the correctness and validity of my
bid: that the price(s), rate(s) and preference quoted cover all of the work/item(s) and my
obligations under a resulting contract, and I accept that any mistakes regarding the price(s) and
calculations will be at my risk.
4. I/we hereby accept full responsibility for the proper execution and fulfilment of all obligations and
conditions devolving on me under this agreement, as the Principal(s) liable for the due fulfilment
of this contract.
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5. I/we agree that any action arising from this contract may in all respects be instituted against me
and I/we hereby undertake to satisfy fully any sentence or judgement which may be pronounced
against me as a result of such action.
6. I/we confirm that I/we have declared all and any interest that I or any persons related to my
business has with regard to this bid or any related bids by completion of the Declaration of Interest
Section.
Signature Date
Capacity Name of bidder
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CERTIFICATION OF CORRECTNESS OF INFORMATION SUPPLIED IN THIS DOCUMENT
I/we, THE UNDERSIGNED, WHO WARRANT THAT I AM DULY AUTHORISED TO DO SO ON BEHALF OF
THE BIDDER, CERTIFY THAT THE INFORMATION SUPPLIED IN TERMS OF THIS DOCUMENT IS CORRECT AND TRUE, THAT THE SIGNATORY TO THIS DOCUMENT IS DULY AUTHORISED AND ACKNOWLEDGE THAT:
(1) The bidder will furnish documentary proof regarding any bidding issue to the satisfaction of the Board, if requested to do so. (2) If the information supplied is found to be incorrect and/or false then the Board, in addition to any remedies it may have, may:-
(a) Recover from the contractor all costs, losses or damages incurred or sustained by the Board
as a result of the award of the contract, and/or
(b) Cancel the contract and claim any damages which the Board may suffer by having to make less favourable arrangements after such cancellation.
SIGNED ON THIS ……….......... DAY OF .......................................20 .......... AT …………..……………………….... ....................................................................... ............................................................................. SIGNATURE OF BIDDER OR DULY NAME IN BLOCK LETTERS AUTHORISED REPRESENTATIVE ON BEHALF OF (BIDDER’S NAME) …………….................................................................................... CAPACITY OF SIGNATORY ................................................................................................. NAME OF CONTACT PERSON (IN BLOCK LETTERS, PLEASE) ……………………………………….……………………….. ……………..………………………………………………………......................................................................................... POSTAL ADDRESS ………………………………………………………………………………………………………………………….…… .................................................................................................................................................................. TELEPHONE NUMBER: .............................................................................................................. FAX NUMBER: .............................................................................................................. CELLULAR PHONE NUMBER: .............................................................................................................. E-MAIL ADDRESS: ……….…………………………….…...................................................................
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SECTION N - AUTHORITY TO SIGN A BID
BIDDERS ARE REQUESTED TO COMPLETE THE APPROPRIATE SECTION BELOW APPLICABLE TO THEIR ENTITY AND PROVIDE THE REQUIRED SUPPORTING INFORMATION. FAILURE TO COMPLETE THIS SECTION PROPERLY AND/OR FAILURE TO PROVIDE SUPPORTING DOCUMENTATION MAY RENDER YOUR BID INVALID
COMPANIES
If a Bidder is a company, A CERTIFIED COPY OF THE RESOLUTION BY THE BOARD OF DIRECTORS,
PERSONALLY SIGNED BY THE CHAIRPERSON OF THE BOARD, AUTHORISING THE PERSON WHO SIGNS
THIS BID TO DO SO, as well as to sign any contract resulting from this bid and any other documents
and correspondence in connection with this bid and/or contract on behalf of the company must be
submitted with this bid, that is before the closing time and date of the bid
AUTHORITY BY BOARD OF DIRECTORS By resolution passed by the Board of Directors on…..............................................................20............., Mr/Mrs…………….................................................................................. (whose signature appears below) has been duly authorised to sign all documents in connection with this bid on behalf of (NAME OF COMPANY) ……………………………………………….…………................................................................. IN HIS/HER CAPACITY AS: ........................................................................ SIGNATURE ON BEHALF OF COMPANY: ....................................................................... NAME OF SIGNATORY: ........................................................................ SIGNATURE OF AUTHROISED SIGNATORY TO SIGN BID: ........................................................................ DATE: ........................................................................ WITNESSES: 1 ........................................................................
2 ........................................................................
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SOLE PROPRIETOR (ONE - PERSON BUSINESS)
I, the undersigned.................................................................................................................................. hereby confirm that I am the sole owner the business trading as …………………………………………………………………………................................................................................... …….......................................................................................................................................................... ................................................................... ...................................................... SIGNATURE DATE
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PARTNERSHIP
The following particulars in respect of every partner must be furnished and signed by every partner:
Full name of partner Residential address Signature
........................................... ........................................... ...........................................
........................................... ........................................... ...........................................
........................................... ........................................... ...........................................
........................................... ........................................... ...........................................
We, the undersigned partners in the business trading as ……………………................................................. hereby authorise ........................................................................................to sign this bid as well as any contract resulting from the bid and any other documents and correspondence in connection with this bid and /or contract on behalf of
........................................... ........................................... ...........................................
SIGNATURE SIGNATURE SIGNATURE
........................................... ........................................... ...........................................
DATE DATE DATE
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CLOSE CORPORATION
In the case of a close corporation submitting a bid, A CERTIFIED COPY OF THE FOUNDING STATEMENT
of such corporation shall be included with the bid, together with the resolution by its members
authorising a member or other official of the corporation to sign the documents on their behalf.
By resolution of members at a meeting on ........................................ 20.................... at …………………….. Mr/Ms......................................................................................................................................................, Whose signature appears below, has been authorised to sign all documents in connection with this bid on behalf of (Name of Close Corporation) …………………………………………………………………………………... …………....................................................................................................................................................... SIGNED ON BEHALF OF CLOSE CORPORATION: …………………………………………………………………………………… NAME : ……………………………...………………………………………………… IN HIS/HER CAPACITY ATY AS ....................................................................................... DATE: …………….………………………………………………....................... SIGNATURE OF BID SIGNATORY: …..................................................................................... WITNESSES: 1 …....................................................................................
2 ..................................................................................... 3 ......................................................................................
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CO-OPERATIVE
A CERTIFIED COPY OF THE CONSTITUTION OF THE CO-OPERATIVE must be included with the bid,
together with the resolution by its members authoring a member or other official of the co-operative
to sign on bid documents on their behalf.
By resolution of members at a meeting on ...............................……... 20....... at, ………………...…............... Mr/Ms..................................................................................., whose signature appears below, has been
authorised to sign all documents in connection with this bid on behalf of (Name of co-
operative)................................................................…………………………..…………………………………………………
SIGNATURE OF AUTHORISED REPRESENTATIVE/SIGNATORY: ............................................................... IN HIS/HER CAPACITY AS: ..............................…………………………… DATE: ..............................…………………………… SIGNED ON BEHALF OF CO-OPERATIVE: ..............................…………………………… NAME IN BLOCK LETTERS: ..............................…………………………… WITNESSES: 1 ..............................……………………………
2 ..............................…………………………… 3 ..............................……………………………
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JOINT VENTURE
If a bidder is a joint venture, A CERTIFIED COPY OF THE RESOLUTION/AGREEMENT PASSED/REACHED
SIGNED by the duly authorised representatives of the enterprises, authorising the representatives
who sign this bid to do so, as well as to sign any contract resulting from this bid and any other
documents and correspondence in connection with this bid and/or contract on behalf of the joint
venture must be submitted with this bid, before the closing time and date of the bid.
AUTHORITY TO SIGN ON BEHALF OF THE JOINT VENTURE By resolution/agreement passed/reached by the joint venture partners on………………….……20………….… Mr/Mrs………………………………………….…….…….……….., Mr/Mrs………………..….…………...………………………….., Mr/Mrs………………………………………….….….…………….., Mr/Mrs………………..….…………...………………………….., (Whose signatures appear below) have been duly authorised to sign all documents in connection with
this bid on behalf of:
(Name of Joint Venture) ……………………………………………………………………………………………………………………...
SIGNATURE AUTHORISED REPRESENTATIVE/SIGNATORY: ....................................................................
IN HIS/HER CAPACITY AS: ....................................................................
SIGNED ON BEHALF OF (COMPANY NAME): ....................................................................
NAME : ....................................................................
SIGNATURE: ....................................................................
DATE: ....................................................................
IN HIS/HER CAPACITY AS: ....................................................................
SIGNED ON BEHALF OF (COMPANY NAME): ....................................................................
NAME : ....................................................................
SIGNATURE: ....................................................................
DATE: ....................................................................
IN HIS/HER CAPACITY AS: ....................................................................
SIGNED ON BEHALF OF (COMPANY NAME): ....................................................................
NAME : ....................................................................
SIGNATURE: ....................................................................
DATE: ....................................................................
IN HIS/HER CAPACITY AS: ....................................................................
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CONSORTIUM
If a bidder is a consortium, A CERTIFIED COPY OF THE RESOLUTION/AGREEMENT PASSED/REACHED SIGNED BY the duly authorised representative of concerned enterprises, authorising the representatives who sign this bid to do so, as well as to sign any contract resulting from this bid and any other documents and correspondence in connection with this bid and /or contract on behalf of the consortium must be submitted with this bid, before the closing time and date of the bid. AUTHORITY TO SIGN ON BEHALF OF THE CONSORTIUM By resolution/agreement passed/reached by the consortium on………………………………………20…………….. Mr/Mrs……………………………………………………………………………………………………………………………………………….. (whose signature appears below) have been duly authorised to sign all documents in connection with this bid on behalf of: (Name of Consortium)…………………………………………….………………………………………………………………………….. SIGNATURE OF AUTHORISED REPRESENTATIVE: .................................................................... IN HIS/HER CAPACITY AS: .................................................................... SIGNED ON BEHALF OF CONSORTIUM: .................................................................... NAME : .................................................................... SIGNATURE: .................................................................... DATE: .................................................................... IN HIS/HER CAPACITY AS: ....................................................................
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TRUST
A CERTIFIED COPY OF THE TRUST DEED must be included with the bid, together with the resolution
by its trustees authorising its representative who signs this bid documents to do so on its behalf.
By resolution of trustees at a meeting on ....................................……... 20....... at …….…........................... Mr/Ms......................................................................................................................................................,
whose signature appears below, has been authorised to sign all documents in connection with this bid
on behalf of (Name of trust)
……………..............................................................................................……………………………………………………
SIGNATURE OF AUTHORISED REPRESENTATIVE/SIGNATORY (person who will sign the bid documents): .................................................................................................................................................................. IN HIS/HER CAPACITY AS: ........................................................... DATE: ........................................................... SIGNED ON BEHALF OF TRUST (trustee listed in the trust deed): ............................................................ NAME IN BLOCK LETTERS: ........................................................... WITNESSES: 1 ...........................................................
2 ...........................................................
3 ...........................................................
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SECTION O - COMPULSORY OFFICIAL BRIEFING SESSION
N. B.: THIS FORM IS ONLY TO BE INCLUDED AND COMPLETED WHEN APPLICABLE TO THE BID.
Site/building/institution involved: .........................................................................................................
..................................................................................................................................................................
…………………………………………………………………………………………………………………………………………………………….
Bid No: ………………………………………………………………………………………………………………………………………………..
THIS IS TO CERTIFY THAT (NAME) .............................................................................................................
ON BEHALF OF .............................................................................................................
ATTENDED THE BRIEFING SESSION ON: 9 JULY 2019 @ 14H00 at KZNGBB HOUSE AND IS THEREFORE
FAMILIAR WITH THE CIRCUMSTANCES AND THE SCOPE OF THE SERVICE TO BE RENDERED.
SIGNATURE OF BIDDER OR AUTHORISED REPRESENTATIVE: …………………………………….………………… NAME: ……………………………….……………………... DATE: ……………………………….……………………...
SIGNATURE OF KZNGBB BOARD REPRESENTATIVE: …………………………………….………………… NAME: ……………………………….……………………... DATE: ……………………………….……………………...
KZNGBB BOARD STAMP:
DATE: ....................................................
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SECTION P - GENERAL CONDITIONS OF CONTRACT
DEFINITIONS: The following terms shall be interpreted as indicated:
(a) “Closing time” means the date and hour specified in the bidding documents
for the receipt of bids.
(b) “Contract” means the written agreement entered into between the Province
and the Contractor, as recorded in the contract form signed by the parties,
including all attachments and appendices thereto and all documents
incorporated by reference therein.
(c) “Contract price” means the price payable to the Contractor under the
contract for the full and proper performance of his contractual obligations.
(d) “Corrupt practice” means the offering, giving, receiving, or soliciting of any
thing of value to influence the action of a public official in the procurement
process or in contract execution.
(e) “Countervailing duties” are imposed in cases where an enterprise abroad is
subsidized by its government and encouraged to market its products
internationally.
(f) “Country of origin” means the place where the goods were mined, grown or
produced or from which the services are supplied. Goods are produced when,
through manufacturing, processing or substantial and major assembly of
components, a commercially recognised new product results that is
substantially different in basic characteristics or in purpose or utility from its
components.
(g) “Day” means calendar day.
(h) “Delivery” means delivery in compliance with the conditions of the contract
or order.
(i) “Delivery ex stock” means immediate delivery directly from stock actually on
hand.
(j) “Delivery into consignees store or to his site” means delivery and unloaded in
the specified store or depot or on the specified site in compliance with the
conditions of the contract or order, the Contractor bearing all risks and
charges involved until the supplies are so delivered and a valid receipt is
obtained.
(k) “Dumping” occurs when a private enterprise abroad market its goods and
services on own initiative in the RSA at lower prices than that of the country
of origin and which have the potential to harm the local industries in the RSA.
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(l) “Force majeure” means an event beyond the control of the Contractor and
not involving the Contractor’s fault or negligence and not foreseeable. Such
event may include, but is not restricted to, acts of the Province in its sovereign
capacity, wars or revolutions, fires, floods, epidemics, quarantine restrictions
and freight embargoes.
(m) “Fraudulent practice” means a misrepresentation of facts in order to
influence a procurement process or the execution of a contract to the
detriment of any bidder, and includes collusive practice among bidders (prior
to or after bid submission) designed to establish bid prices at artificial non-
competitive levels and to deprive the bidder of the benefits of free and open
competition.
(n) “GCC” means the General Conditions of Contract.
(o) “Goods” means all the equipment, machinery, and/or other materials that the
supplier is required to supply to the purchaser under the contract.
(p) “Imported content” means that portion of the bidding price represented by
the cost of components, parts or materials which have been or are still to be
imported (whether by the Contractor or his subcontractors) and which costs
are inclusive of the costs abroad, plus freight and other direct importation
costs such as landing costs, dock dues, import duty, sales duty or other similar
tax or duty at the South African place of entry as well as transportation and
handling charges to the factory in the Republic, where supplies covered by
the bid will be manufactured.
(q) “Local content” means that portion of the bidding price which is not included
in the imported content provided that local manufacture does take place.
(r) “Manufacture” means the production of products in a factory using labour,
materials, components and machinery and includes other related value-
adding activities.
(s) “Order” means an official written order issued for the supply of goods or
works or the rendering of a service.
(t) “Project site” where applicable, means the place indicated in bidding
documents.
(u) “Province” means the procuring Department or Entity, incorporating the
KwaZulu-Natal Provincial Legislature.
(v) “Republic” means the Republic of South Africa.
(w) “SCC” means the Special Conditions of Contract.
(x) “Services” means those functional services ancillary to the supply of the
goods, such as transportation and any other incidental services, such as
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installation, commissioning, provision of technical assistance, training,
catering, gardening, security, maintenance and other such obligations of the
Contractor covered under the contract.
(y) “Written” or “in writing” means handwritten in ink or any form of electronic
or mechanical writing.
1. CESSION OF CONTRACTS
1.1 The Contract is personal to the Contractor who shall not sub-let, assign, cede or make
over the Contract or any part thereof, or any share of interest therein, to any other
person without the written consent of the Province, and on such conditions as it may
approve.
1.2 This sub-clause shall not apply to sub-contracts given to regular suppliers of the
Contractor for materials and minor components relating to the goods or services
supplied. The Province reserves the right to require the Contractor to submit, for
noting, the names of such sub-contractors in order to ascertain their registration on
the Provincial Suppliers Database and they must be legal entities.
2. DISCREPANCIES
Should there appear to be any discrepancies, ambiguities or want of agreement in description,
dimensions, qualities or quantities in the Contract, the Contractor shall be obliged to refer the
matter to the Provinces’ Representative for a decision, before proceeding to execute the
Contract or part thereof in respect of which the said discrepancies, ambiguities or want of
agreement appear to exist.
3. QUALITY AND GUARANTEE
3.1 All Goods supplied shall be equal in all respects to samples, patterns or specifications
where such are provided. Any changes to quality or brands will have to be approved
by the Province, as this is a change to the conditions of the contract.
3.2 Should the Province, after the award of the Contract and/or during the manufacture
of the goods specified, decide on a variation or alteration to the specification, either
at the suggestion of the Contractor or otherwise, which will be to the Province’s
advantage, such variation or alteration shall be performed to the Province’s
satisfaction. Any variation in the Contract Price arising there from shall be subject to
agreement between the Province and the Contractor.
3.3 The Contractor shall not be relieved of his obligations with respect to the sufficiency
of the materials and workmanship and the quality of the Goods supplied by the reason
of no objection having been taken thereto by the Province’s Representative at the
time the Goods were delivered.
3.4 The Contractor warrants that the goods supplied under the contract are new, unused,
of the most recent or current models, and that they incorporate all recent
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improvements in design and materials unless provided otherwise in the contract. The
Contractor further warrants that all goods supplied under this contract shall have no
defect, arising from design, materials or workmanship (except when the design
and/or material is required by the purchaser’s specifications) or from any act or
omission of the Contractor, that may develop under normal use of the supplied goods
in the conditions prevailing in the country of the final destination.
3.5 This warranty shall remain valid for twelve (12) months after the goods, or any portion
thereof as the case may be, have been delivered to and accepted at the final
destination indicated in the contract, or for eighteen (18) months after the date of
shipment from the port or place of loading in the source country, whichever period
concludes earlier, unless specified otherwise in the Special Conditions of Contract.
3.6 The Province shall promptly notify the Contractor in writing of any claims arising
under this warranty. The Contractor shall immediately remedy the said defect free of
cost to the Province. Should the Contractor delay remedial work in excess of time
stipulated by the Province’s representative, the Province may have such remedial
work executed at the Contractor’s expense. Should the Province decide that the
defect is such that it cannot be remedied, the Goods may be rejected. Such rejected
goods shall be held at the risk and expense of the Contractor and shall, on request of
the Province, be removed by him immediately on receipt of notification of rejection.
The Contractor shall be responsible for any loss the Province may sustain by reason
of such action as the Province may take, in terms of this clause.
3.7 The risk in respect of the Goods purchased by the Province under the contract shall
remain with the Contractor until such goods have been delivered to the Province.
3.8 The principle feature of the Goods and Work are described in the Goods or Services
Information, but the Goods or Services Information does not purport to indicate every
detail of construction, fabrication or arrangements of Goods and Works necessary to
meet the requirements. Omission from the Goods or Services information of
reference to any part or parts shall not relieve the Contractor of his responsibility for
carrying out the Work as required under the Contract.
3.9 If any dispute arises between the Province and the Contractor in connection with the
quality and guarantee of the Goods, either party may give the other notice in writing
of the existence of such dispute, and the same shall thereupon be referred to
arbitration in South Africa by a person mutually agreed upon by both parties. The
submission shall be deemed to be a submission to arbitration within the meaning of
the terms of the arbitration laws in force in the Republic of South Africa.
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4. FAILURE TO COMPLY WITH CONDITIONS AND DELAYED EXECUTION
4.1 If a bidder amends or withdraws his/her/their bid after the closing time but before
the bidder is notified that his/her/their bid has been accepted, or when notified that
his/her/their bid has been accepted, he/she/they fail/fails, within the period
stipulated in the conditions of bid or such extended period as the Province may allow,
to sign a contract or to provide security when requested to do so, he/she/they shall,
unless the Province decides otherwise, and without prejudice to any other right which
the Province may have under paragraphs 4.2 and 4.4, including the right to claim
damages if a less favourable bid is accepted or less favourable arrangements are to
be made, forfeit any deposit which may have been made with the bid.
4.2 Should the contractor fail to comply with any of the conditions of the contract, the
Province shall be entitled, without prejudice to any of its other rights, to cancel the
contract.
4.3 Upon any delay beyond the contract period in the case of a supplies contract, the
Province shall, without cancelling the contract, be entitled forthwith to purchase
supplies of a similar quality and up to the same quantity in substitution of the goods
not supplied in conformity with the contract and to return any supplies delivered later
at the contractor’s expense and risk, or forthwith to cancel the contract and buy such
supplies as may be required to complete the contract, and without prejudice to its
rights, be entitled to claim damages from the contractor.
4.4 Upon any delay beyond the contract period in the case of a service contract, the
Province shall, without prejudice to any other right and without cancelling the
contract, be entitled forthwith to arrange the execution of the service not rendered
in conformity with the contract or to cancel the contract, and without prejudice to its
other rights, be entitled to claim damages from the contractor.
4.5 In the event of the Province availing itself of the remedies provided for in paragraph
4.2 -
4.5.1 the contractor shall bear any adverse difference in price of the said supplies
services and these amounts plus any other damages which may be suffered
by the Province, shall be paid by the contractor to the Province immediately
on demand, or the Province may deduct such amounts from moneys (if any)
otherwise payable to the contractor in respect of supplies or services
rendered or to be rendered under the contract or under any other contract
or any other amounts due to the contractor; or
4.5.2 if the Contractor fails to supply the goods or render the service within the
period stipulated in the contract, the Province shall have the right, in its sole
discretion, to claim any damages or loss suffered.
4.6 No damages shall be claimed in respect of any period of delay which the contractor
can prove to be directly due to a state of war, sanctions, strikes, lockouts, damage to
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machinery as a result of accidents, fire, flood or tempest or act of God, which could
not be foreseen or overcome by the contractor, or to any act or omission on the part
of persons acting in any capacity on behalf of the Province.
4.7 If the delivery of the supplies or the rendering of the service is likely to be delayed or
is in fact being delayed on account of any of the reasons mentioned in paragraph 4.6,
full particulars of the circumstances shall be reported forthwith in writing to the
Province and at the same time the contractor shall indicate the extension of the
delivery period
5. PATENTS
5.1 The Contractor shall pay all royalties and expenses and be liable for all claims in
respect of the use of patent rights, trademarks or other protected rights, and hereby
indemnifies the Province against any claims arising there from.
5.2 The Contractor shall indemnify the Province against all third-party claims of
infringement of patent, trademark, or industrial design rights arising from the use of
the goods or any part thereof by the Province.
6. PACKAGING, MARKING AND DELIVERY
6.1 All goods shall be crated, packed or battened securely in such a manner as to prevent
damage during loading, transport and off-loading. Unless otherwise specified, packing
cases and packing materials are included in the Contract Price, and shall be and
remain the property of the Province.
6.2 All goods shall be clearly marked in the manner stated in the Goods or Services
Information.
6.3 Goods shall be delivered to the address within the Province’s area of jurisdiction as
set out in the Special Conditions of Contract or Goods and Services Information.
6.4 Goods shall be delivered on Weekdays between 08:00 and 16:00, free of all charges,
only when ordered upon an official letter or form of order issued by the Province. No
goods will be received on Saturdays, Sundays and public holidays. This paragraph (6.4)
is applicable only when not excluded in the Special Conditions of Contract.
6.5 Goods delivered shall in all cases be accompanied by delivery notes in duplicate, one
which will be retained by the Province. The Contractor shall be responsible for the
safe delivery as to the quality, quantity and condition of the goods.
6.6 Delivery, unless otherwise provided for in the Special Conditions of Contract, shall be
affected within seven (7) days from receipt of the order. The Contractor shall advise
the Province upon receipt of an order in writing of any anticipated delays, citing
reasons therefore and put forward a new anticipated delivery date. The Province may
then extend the delivery date, if and as it deems fit.
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6.7 Should the Contractor fail to supply the material within the time stated in his bid, or
within the extended time allowed to him in terms of clause 6.6 hereof, the Province
reserves the right (after giving the Contractor seven days notice in writing) to cancel
the contract and purchase the materials elsewhere and the bidder shall refund to the
Province any extra cost incurred over and above the contract price. No liability shall,
however, be attached to the Contractor if delivery of materials is rendered impossible
or delayed by reason of circumstances beyond the Contractor’s control.
6.8 If the Contractor cannot produce proof satisfactory to the Province that the delay was
due to circumstances beyond his control, no price increase after the due date will be
recognized.
6.9 If at any time the Province ascertains that, due to negligence of the Contractor or for
reasons beyond his control:
6.9.1 No work on the order has been commenced and in the opinion of the
Province, there is little or no prospect of work being commenced in
reasonable time;
6.9.2 Delivery of any materials is being or is likely to be delayed beyond the delivery
date promised, and/or
6.9.3 There is little or no prospect of the order being completed within a reasonable
time after the promised date; the Province may, by notice to the Contractor
in writing, cancel as from the future date specified in such notice, the whole
or any part of the order in respect of which material has not been delivered
by that date without incurring any liability by reasons of such cancellation.
The cases where circumstances beyond the control of the Contractor have
delayed commencement or completion of the order, cancellation of the order
will be effected by mutual arrangement or where this is not possible by the
decision of the Province. The Contractor shall then as soon as possible after
such date deliver to the Province that part of the order which has been
completed, and payment is to be effected is for the part performance on a
proportional basis, subject to the uncompleted part not being an integral or
essential part of the contract.
6.10 Should a price other than an all-inclusive price be required, this shall be specified in
the SCC.
7. CONSIGNMENT OF GOODS
7.1 Goods, if delivered by Spoornet may be consigned carriage paid in the Contractor’s
name, care of the Province to the place of delivery stipulated, but not in the name
of the State. Goods consigned to stores located in areas which Spoornet may refuse
to deliver, must be done so care of a local agent or to a local depot from which they
may be re-delivered by road to such stores.
7.2 Contractors shall arrange with Spoornet to deliver goods to the Province’s stores
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during The hours and on the days that the stores are open.
7.3 The Province will not be responsible for any damage, re-delivery charges or any other Charges raised by Spoornet.
7.4 Claims on the South African Transport Services or on any other carrier in respect of weight, quantity, damage or loss, shall be made by the Contractor.
8. PAYMENT
8.1 The Contractor shall furnish the Province with an invoice accompanied by a copy of
the delivery note upon fulfilment of other obligations stipulated in the contract.
8.2 Payments shall be made promptly by the Province, but in no case later than thirty
days (30) days after submission of an invoice or claim by the Contractor.
8.3 Payments will be made in Rand unless otherwise stipulated.
8.4 Payments for goods are made by the Province only. Any disputes regarding late or
delayed payments must be taken up with the department and if a problem persists,
the Supply Chain Management Office can be requested to investigate the delays.
9. INVOICES
All invoices submitted by the Contractor must be Tax Invoices indicating quantity ordered and
quantity delivered, the amount of tax charged and the total invoice amount.
10. CONTRACT PRICE ADJUSTMENT
10.1 Firm contract prices shall not be subject to adjustment. contract prices which are
not firm shall be increased or reduced by the amount of variation between the
Cost to Bidder and the actual cost to the Contractor, such variations to be subject
to the following conditions:-
10.1.1 Where the Cost to Bidder was based on a printed catalogue or list
price, the variation shall be the difference between that price list and
the price list actually charged. Should it transpire that the Cost to
Bidder was not based on the latest available price list at the Date of
Bid, the Province shall have the right to elect the price list on which
any variation shall be based.
10.1.2 Where the Cost to Bidder was based on a quotation by the
manufacturer, or where the Contractor is the manufacturer, and the
Contract Price was based on the cost of materials and labour ruling at
a certain date, the variation in the Contract Price shall be calculated
by means of the Steel and Engineering Industries Federation of South
Africa (SEIFSA) formula if this is stipulated in the Contract, or if the
Province’s representative considers it to be appropriate. Where the
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use of the SEIFSA formula is not appropriate, the variation shall be
calculated by means of another formula acceptable to the Province,
which shall be indicated in the Special Conditions of Contract. Only
those cost increases due to wage increases prescribed by regulating
measures having the force of law, or increases in the cost of materials
and railage as may be proven by documentary evidence, or published
data, will be considered in determining Contract Price variation.
10.1.3 Any difference between Rates and Charges ruling at the time of bid
and those actually paid by the Contractor will be for the account of
the Province. The Contract Price adjustment arising from any
variation in Rates and Charges shall, in every instance, be applied to
the appropriate value, or tonnage, of the Goods shipped. Where a
variation in the Cost to bidder has been allowed, the contract price
shall be adjusted by the product of such variation and every
component of Rates and Charges which is based on the value of the
Goods, whether or not the costs of such components have varied.
10.1.4 No claim for increased costs will be entertained if the Contractor is
unable to produce documentation to substantiate Cost to Bidder and
Rates and Charges on which the contract price was based and
documentation to support his claim. Such documentation must, in
the opinion of the Province, adequately support the Contractor’s
claim. No claim for increased costs to the Contractor arising from
negligence on his part, or that of the manufacturer, will be
considered.
10.1.5 The Contractor shall, in respect of every consignment or shipment of
Goods delivered, supply to the Province’s Representative
documentary evidence of variation, if any, in Cost to Bidder and Rates
and Charges.
10.1.6 Claims for increased cost shall be submitted with the invoice for the
Goods in respect of which the claim is made, or as soon thereafter as
possible. Claims shall not be considered if received more than 90 days
after the expiry of the Contract unless notice of intention to claim has
been given to the Province before such date.
10.1.7 In the event of there being no claim by the Contractor for increased
costs, the Contractor shall not be entitled to full payment under the
Contract before he has submitted to the Province, in his own name
or in the name of the manufacturer, a certificate declaring that there
have been no adjustments in the cost of manufacture which entitle
the Employer to a reduction in the Contract Price as provided for in
this clause.
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11. REMEDIES IN THE CASE OF DEATH, SEQUESTRATION, LIQUIDATION OR JUDICIAL MANAGEMENT
11.1 In the event of the death of a contractor or the provisional or final sequestration
of his/her/their estate or of his/her/their cession or transfer of a contract without
the approval of the Province or of the surrender of his/her/their estate or of
his/her/their reaching a compromise with his/her/their creditors or of the
provisional or final liquidation of a contractor’s company/closed corporation or
the placing of its affairs under judicial management, the Province may, without
prejudice to any other rights it may have, exercise any of the following options :
11.1.1 cancel the contract and accept any of the bids which were submitted
originally with that of the contractor or any offer subsequently
received to complete the contract. In such a case the estate of the
contractor shall not be relieved of liability for any claim which has
arisen or may arise against the contractor in respect of supplies not
delivered or work not carried out by the contractor, under the
contract.
11.1.2 Allow the executor, trustee, liquidator or judicial manager, as the case
may be, for and on behalf of and at the cost and expense of the estate
of the contractor to carry on with and complete the contract.
11.1.3 For and on behalf of and at the cost and expense of the estate of the
contractor, itself carry on with and complete the contract and in that
event the Province may take over and utilize, without payment, the
contractor’s tools, plant and materials in whole or in part until the
completion of the contract.
11.2 Should the Province elect to act in terms of paragraph 11.1.3 it shall give notice
of its requirements to the executor, trustee, liquidator or judicial manager of the
contractor’s estate and should the said executor, trustee, liquidator or judicial
manager fail within 14 days of the dispatch of such notice to make provision to
the satisfaction of the Province for the fulfillment of such requirements, or should
no trustee, liquidator or judicial manager be appointed within 14 days of the
occurrence mentioned in paragraph 11.1, the Province may apply any remedy
open to it in terms of the contract as if a breach thereof had taken place.
11.3 Should the Province act in terms of paragraph 11.1.3 the contractor must leave
the premises immediately and may not occupy such premises on account of
retention or any other right.
12. LAW TO APPLY
The Contract shall in all respects be construed in accordance with the law of the Republic of
South Africa, and any difference that may arise with the law of the Republic of South Africa, and
any difference that may arise between the Province and the Contractor in regard to the Contract,
shall be settled in the Republic of South Africa.
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13. OFFERING OF COMMISSION OR GRATUITY
If the Contractor, or any person employed by him, is found to have either directly or indirectly
offered, promised or given to any office bearer of the Province or person in the employ of the
Province, any commission, gratuity, gift or other consideration, the Province shall have the right,
summarily and without recourse to law and without prejudice to any other legal remedy which
it may have in regard to any loss or additional cost or expenses, to cancel the Contract without
paying any compensation to the Contractor.
14. PREFERENCES
14.1 Should the Contractor apply for preferences in the submission of his bid, and it is
found at a later stage that these applications were incorrect or made under false
pretences, the Province may, at its own right:-
14.1.1 Recover from the Contractor all costs, losses or damages incurred or
sustained by the Province as a result of the award of the Contract;
and / or
14.1.2 Cancel the contract and claim any damages which the Province may
suffer by having to make less favourable arrangements after such
cancellation.
14.1.3 The Province may impose penalties, however, only if provision
therefore is made in the Special Conditions of Bid.
15. WEIGHTS AND MEASURES
The quantities of goods offered or delivered shall be according to South African standard weights
and measures.
16. SECURITY
16.1 Special Conditions of Contract relating to Surety/Guarantee requirement must be
dealt with in strict compliance with the Conditions of Bid set out herein.
16.2 In respect of contracts less than R 500 000, the guarantees and sureties required
may be based on a risk evaluation conducted by the Province inviting the bid.
16.3 No deposits are required for bid applications for contracts below R 500 000.
17. ORDERS
17.1 Goods shall be delivered and services rendered only upon receipt of a written
official order or the signing of a contract with the Province, and accounts shall be
rendered as indicated on the official order or in the contract, as the case may be.
17.2 The Province reserves the right to call upon any Contractor during the contract
period to make known the following details:
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17.2.1 Name of Institution placing order;
17.2.2 Provincial official order number;
17.2.3 Quantity ordered; and
17.2.4 List of items ordered.
18. EXPORT LICENCES
18.1 When orders are placed for goods in respect of which an export license from the
country of origin of supplies is required, the Contractor shall:
18.1.1 Not incur any direct or indirect costs in connection with the supply or
dispatch of such supplies before he has obtained such license;
18.1.2 If the government of the country from which the supplies are to be
exported refuses, or fails to grant such license within three months of
the placing of the order, the order shall be considered to be cancelled
and no liability will be accepted for any loss or expenses irrespective
of the nature thereof, including loss or expenditure suffered or
incurred by the Contractor or any other person in respect of the
production, supply, transportation or delivery of such supplies.
19. INSURANCE
19.1 The goods supplied under the contract shall be fully insured in a freely convertible
currency against loss or damage incidental to manufacture or acquisition,
transportation, storage and delivery in the manner specified in the SCC.
19.2 Any insurance policies taken out by a Contractor to cover goods delivered for a
contract must be taken out with a company registered in South Africa in terms of
relevant insurance and companies acts.
20. INSPECTION, TESTS AND ANALYSES
20.1 In terms of Provincial policy, inspections of a Bidder’s goods and services are permitted. Bidders and Contractors must allow reasonable access to premises to officials from the department inviting the bid, or person specially appointed by the Province to carry out inspection or tests. There are two main categories: Firstly, where the bid conditions call for goods to be inspected during the contract period. Secondly, where the inspection results are to be submitted with the bid document.
20.2 If it is a bid condition that goods to be produced should at any stage during production or on completion be subject to inspection, the premises of the Contractor shall be open, at all reasonable hours, for inspection by a representative of the Province or of an organization acting on its behalf.
20.3 Inspections tests and analyses may be carried out prior to dispatch in regard to such contract goods as may be deemed necessary by the Province, and the Contractor shall provide, if required, all the required facilities for the inspection, tests and analyses of the goods free of charge and shall, if required, provide all the materials, samples and labour and available apparatus which may be required for the purposes of such
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inspection, tests and analyses free of charge, unless otherwise specified. 20.4 If there are no inspection requirements in the bid documents and no mention thereof
is made in the letter of acceptance, but during the contract it is decided that inspections shall be carried out, the Province shall itself make the necessary arrangements, including payment arrangements, with the testing authority concerned. The premises of the Bidder Contractor must be open and accessible at all reasonable times for the purposes of these tests.
20.5 If the inspection, tests and analyses show the goods or service to be in accordance with contract requirements, the cost of the inspection, tests and analyses shall be defrayed by the Province calling for such tests or analyses. Where the supplies or services do not comply with the contract, the costs shall be defrayed by the Contractor and the Province shall have the right, without prejudice to any other legal remedy it may have, to deduct such costs from payments due to the Contractor under the contract or under any other contract.
20.6 Goods and services which do not comply with the contract requirements may be rejected.
20.7 Any goods may on or after delivery be inspected, tested or analysed and may be rejected if found not to comply with the requirements of the contract, and such rejected goods shall be held at the cost and risk of the Contractor who shall, when called upon, remove them immediately at his own cost and forthwith substitute them for goods which do comply with the requirements of the contract, failing which such rejected goods shall be returned at the Contractor’s cost and risk. Should the Contractor fail to provide the substitute goods forthwith, the Province may, without giving the Contractor a further opportunity to substitute the rejected goods, purchase such supplies as may be necessary at the expense of the Contractor, for example, the transport costs and other expenses regarding the rejected goods must be refunded by the Contractor?
20.8 Where imported goods are to be inspected before delivery, the Contractor shall notify his suppliers abroad of the conditions applicable to inspections.
20.9 Provisions contained in sub-clause 20.1 and 20.8 shall not prejudice the right of the Province to cancel the contract on account of a breach of the conditions thereof.
21. RESTRICTION OF BIDDING
Without prejudice on any other legal remedies, the Province may impose restrictions on a Bidder
in terms of which bids to the Province will not be accepted for such period as determined by the
Province. This information may be passed to other provinces or State organizations in the
Republic of South Africa. These restrictions may be imposed in terms of the breach of any of the
requirements to be met in terms of the accepted bid or contract. The Province may also make
a restriction on a bidder from another province or State institution applicable to this Province.
22. CONTRACTOR’S LIABILITY
22.1 In the event of the contract being cancelled by the Province in the exercise of its rights in terms of these conditions, the Contractor shall be liable to pay to the Province any losses sustained and/ or additional costs or expenditure incurred as a result of such cancellation, and the Province shall have the right to recover such losses, damages or additional costs by means of set-off from monies due or which may become due in terms of the contract or any other contract or from guarantee provided for the due fulfillment of the contract and, until such time as the amount of such losses, damages or additional costs have been determined, to retain such monies or guarantee or any
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deposit as security for any loss which the Province may suffer or may have suffered. 22.2 The Contractor may be held responsible for any consequential damages and loss
sustained which may be caused by any defect, latent or otherwise, in supply or service rendered or if the goods or service as a result of such defect, latent or otherwise, does not conform to any condition or requirement of the contract.
23. PRICE LISTS
Price lists which are part of the contract shall not be amended without the approval of the
Province, unless the SCC specify otherwise.
24. SUBMISSION OF CLAIMS
24.1 Claims must be submitted within 90 days of the delivery date of items, but the delivery date will be calculated according to the delivery period stipulated in terms of the contract, unless an extension for late delivery has been granted by the Province.
24.2 For period contracts, no price increase will be granted within the first 180 days of the contract period. No price increase applications which are submitted later than 90 days after the contract period expired will be considered. The claims shall be accompanied by documentary proof and, if required, an auditor’s report sustaining the claim shall be provided.
24.3 Claims referring to formulae and indices must be clearly set out in terms of indices or formulae values used to calculate the bid price, and the adjusted indices or values.
25. PROVINCIAL PROPERTY IN POSSESSION OF A CONTRACTOR
25.1 Province’s property supplied to a Contractor for the execution of a contract remains the property of the Province and shall at all times be available for inspection by the Province or its representatives. Any such property in the possession of the Contractor on the completion of the contract shall, at the Contractor’s expense, be returned to the Province forthwith.
25.2 The Contractor shall be responsible at all times for any loss or damages to the Province’s property in his possession and, if required, he shall furnish such security for the payment of any such loss or damages as the Province may require.
26. RIGHTS TO PROCURE OUTSIDE THE CONTRACT
26.1 The Province reserves the right to procure goods outside the contract in cases of urgency or emergency or if the quantities are too small to justify delivery costs, or if the goods are obtainable from another organ of Province or if the Contractor’s point of supply is not situated at or near the place where the goods are required or if the Contractor’s goods are not readily available.
26.2 No provision in a contract shall be deemed to prohibit the obtaining of goods or services from a Province or local authority.
27. AMENDMENT OF CONTRACT
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No agreement to amend or vary a contract or order or the conditions, stipulations or provisions
thereof shall be valid and of any force and effect unless such agreement to amend or vary is
entered into in writing and signed by the contracting parties. Any waiver of the requirement that
the agreement to amend or vary shall be in writing.
28. NOTICES
28.1 Every written acceptance of a bid shall be posted to the supplier/bidder concerned by
registered or certified mail and any other notice to him/her/it shall be posted by
ordinary mail to the address furnished in his bid or to the address notified later by
him/her/it in writing and such posting shall be deemed to be proper service of such
notice.
28.2 The time mentioned in the contract documents for performing any act after such
aforesaid notice has been given, shall be reckoned from the date of posting such
notice.
29. INCIDENTAL SERVICES
29.1 The Contractor may be required to provide any or all of the following services,
including additional services, if any, specified in the Special Conditions of Bid:
(a) performance or supervision of on-site assembly and/or commissioning of the supplied goods:
(b) furnishing of tools required for assembly and/or maintenance of the supplied goods;
(c) furnishing of a detailed operations and maintenance manual for each appropriate unit of the supplied goods;
(d) performance or supervision or maintenance and/or repair of the supplied goods, for a period of time agreed by the parties, provided that this service shall not relieve the Contractor of any warranty obligations under this contract; and
(e) training of the Province’s personnel, at the Contractor’s plant and/or on-site, in assembly, start-up, operation, maintenance, and/or repair of the supplied goods.
29.2 Prices charged by the Contractor for incidental services, if not included in the
contract price for the goods, shall be agreed upon in advance by the parties and shall
not exceed the prevailing rates charged to other parties by the Contractor for similar
services.
30. USE OF CONTRACT DOCUMENTS AND INFORMATION INSPECTION
30.1 The Contractor shall not, without the Province’s prior written consent, disclose the
contract, or any provision thereof, or any specification, plan, drawing, pattern,
sample, or information furnished by or on behalf of the Province in connection
therewith, to any person other than a person employed by the Contractor in the
performance of the contract. Disclosure to any such employed person shall be made
in confidence and shall extend only so far as may be necessary for purposes of such
performance.
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30.2 The Contractor shall not, without the Provinces prior written consent, make use of
any document or information mentioned in GCC clause 30.1 except for purposes of
performing the contract.
30.3 Any document, other than the contract itself mentioned in GCC clause 30.1 shall
remain the property of the Province and shall be returned (all copies) to the Province
on completion of the Contractor’s performance under the contract of so required by
the Province.
30.4 The Contractor shall permit the Province to inspect the Contractor’s records relating
to the performance of the Contractor and to have them audited by auditors appointed
by the Province, if so required by the Province.
31. SPARE PARTS
31.1 If specified in SCC, the Contractor may be required to provide any or all of the
following materials, notifications, and information pertaining to spare parts
manufactured or distributed by the Contractor:
(a) such spare parts as the Province may elect to purchase from the Contractor, provided that this election shall not relieve the Contractor of any warranty obligations under the contract.
(b) In the event of termination of production of the spare parts: (i) Advance notification to the Province of the pending termination, in
sufficient time to permit the Province to procure needed requirements; and
(ii) Following such termination, furnishing at no cost to the Province, the blueprints, drawings, and specifications of the spare parts, if requested.
32. PENALTIES
32.1 Subject to GCC Clause 4, if the Contractor fails to deliver any or all of the goods or to
perform the services within the period(s) specified in the contract, the Province shall,
without prejudice to its other remedies under the contract, deduct from the contract
price, as a penalty, a sum calculated on the delivered price of delayed goods or
unperformed services, using the current prime interest rate calculated for each day
of the delay until actual delivery or performance. The Province may also consider
termination of the contract in terms of the GCC.
33. ANTI-DUMPING AND COUNTERVAILING DUTIES AND RIGHTS
33.1 When, after the date of bid, provisional payments are required, or anti-dumping or
countervailing duties are imposed, or the amount of a provisional payment or anti-
dumping or countervailing right is increased in respect of any dumped or subsidized
import, the State is not liable for any amount so required or imposed, or for the
amount of any such increase. When, after the said date, such a provisional payment
is no longer required or any such anti-dumping or countervailing right is abolished, or
where the amount of such provisional payment or any such right is reduced, any such
favourable difference shall on demand be paid forthwith by the Contractor to the
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State or the State my deduct such amounts from moneys (if any) which may otherwise
be due to the Contractor in regard to supplies or services which he delivered or
rendered, or is to deliver or render in terms of the contract or any other contract or
any other amount which may be due to him.
34. GOVERNING LANGUAGE
The contract shall be written in English. All correspondence and other documents pertaining to the
contract that is exchanged by the parties shall also be written in English.
35. TAXES AND DUTIES
35.1 A foreign Contractor shall be entirely responsible for all taxes, stamp duties, licence
fees, and other such levies imposed outside the Province’s country.
35.2 A local Contractor shall be entirely responsible for all taxes, duties, license fees, etc.,
incurred until delivery of the contracted goods to the Province.
35.3 No contract shall be concluded with any bidder whose tax matters are not in order.
Prior to the award of a bid the Province must be in possession of a tax clearance
certificate, submitted by the bidder. This certificate must be an original issued by the
South African Revenue Services.
36. PROHIBITION OF RESTRICTIVE PRACTICES
36.1 In terms of section 4 (1) (b) (iii) of the Competition Act No. 89 of 1998, as amended,
an agreement between, or concerted practice by, firms, or a decision by an
association of firms, is prohibited if it is between parties in a horizontal relationship
and if a bidder (s) is / are or a contractor(s) was / were involved in collective bidding
(or bid rigging).
36.2 If a bidder(s) or contractor(s), based on reasonable grounds or evidence obtained by
the purchaser, has / have engaged in the restrictive practice above, the purchaser may
refer the matter to the Competition Commission for investigation and possible
imposition of administrative penalties as contemplated in the Competition Act No. 89
of 1998.
36.3 If a bidder(s) or contractor(s), has / have been found guilty by the Competition
Commission of the restrictive practice referred to above, the purchaser may, in
addition and without prejudice to any other remedy provided for, invalidate the bid(s)
for such item(s) offered, and / or terminate the contract in whole or part, and / or
restrict the bidder(s) or contractor(s) from conducting business with the public sector
for a period not exceeding ten (10) years and / or claim damages from the bidder(s)
or contractor(s) concerned.
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SECTION Q - TERMS OF REFERENCE
1. BACKGROUND INFORMATION
1.1 Project Background
The KwaZulu-Natal Gaming & Betting Board (KZNGBB) is a public entity established by statute to
regulate the KwaZulu-Natal Gambling Industry in the public interest. Section 217 of the Constitution
hinges itself on fairness, equitability, transparency, competitiveness and cost-effectiveness, which the
KwaZulu-Natal Gaming and Betting Board strives to maintain. In keeping with the principals of the
constitution, the Entity ensures that all offerings, opportunities, notifications and hearings are publicly
advertised in independent tabloids to ensure that the voice of Government reaches its intended
audiences. With the fast pace at which telecommunications and internet connectivity has evolved
over the past FIVE years and rapid decrease in bandwidth costs, the entity has decided to go out to
market to invite specialist service providers to provide the entity with the most reliable and cost
effective telecommunications solution to ensure that it is able to provide an efficient service to all its
stakeholders.
The Entity has two datacentres which are located at Head Office: 1 George MacFarlane Lane,
Wembley, Pietermaritzburg (Redlands Estate) and Satellite Office: 22 Dorothy Nyembe Street, Durban
CBD (The Marine Building)
1.2 Current Infrastructure
Head Office - 1 George MacFarlane Lane, Wembley, Pietermaritzburg, Redlands Estate:
3 x Dell Servers (ESX Hosts) with 30Tb of EMC SAN;
Tape Backup Library running EMC Networker 9;
2 x EMC RecoverPoint Appliances for SAN level replication;
20 Mbps Internet Breakout;
2800 Cisco Router (Leased); and
FortiGate Firewall (Owned).
Satellite Office - 22 Dorothy Nyembe Street Durban CBD, Marine Building:
3 x Dell Servers (ESX Hosts) with 30Tb of EMC SAN;
2 x EMC RecoverPoint Appliances for SAN level replication;
5 Mbps Internet Breakout; and
2800 Cisco Router (Leased).
Both offices are connected with 100 MBPS Point-to-Point Neo One fibre link.
Owned but not in use: Yealink (1 switchboard, 15 wireless handsets).
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1.3 The Purpose of the Terms of Reference
The KZNGBB, via its Information Technology Unit, seeks to appoint a competent service provider who
will assist the Entity in the design, implementation, monitoring, maintenance and support of the off-
site hosted VOIP telecommunications solution, for a three (3) year period. The terms of reference
specifies the requirements of KZNGBB to be responded to by potential bidders.
2. SCOPE OF WORK
2.1 Objective and Goals
The Entity would like to establish a 3 year agreement with a service provider to provide a reliable and
cost effective off-site hosted telecommunication solution. The scope includes the supply, installation,
maintenance, support and integration of IP handsets(wired and wireless) and conference phones with
the organisation currently owned Yealink equipment. The solution will be installed in both offices.
To ensure that the above requirements are understood in the proper context, bidders will recognize
the following project goals:
Configuration and integration with the current Yealink equipment;
A hosted solution capable of meeting the increasing needs of current and next-generation
applications, high traffic volume applications for video (SKYPE) and voice (VOIP);
Secured Web-based Telephony Management software for configuration and reporting;
An architecture that will allow for seamless updates, upgrades and migrations to higher
allocated/configured bandwidth and future technologies;
An architecture scalable to support future growth in the organisation;
Capability to connect seamlessly with current WAN technology and maintaining an uptime
percentage of 99.99% and
A data delivery rate not to drop below 99.99% of allocated/configured bandwidth installed for
each office.
2.2 Requirements
The bidders shall include in their proposals a description of how their solution will address the
functional areas listed below. If there are any additional costs associated with the options you
propose, please ensure they are clearly identified in your costing proposal.
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a) Hardware Requirements
Switchboards, handsets and conference phones;
No Details PMB DBN Total
1 Switchboard 1 1 2
2 Conference Phones 4 2 6
3 Handsets 71 27 98
Routers and/or firewalls (if required in the proposed) must be configured with the current;
equipment owned by the Entity (see section 1.2);
Redundant equipment for the proposed solution;
8 x 5 support with Next Business Day fix;
Periodic firmware/security updates; and
All equipment that is to be supplied must be of the same specification or higher with full
compatibility to what the Entity currently owns.
b) Monitoring / Reporting Requirements
Online Monitoring options included;
Online active monitoring;
Alerts capability to mobile phones;
Capability for additional monitoring options available; and
Sample of online monitoring reports must be included with proposal;
c) Interoffice WAN Link
Capability for adding and removing services;
Capability for increasing or reducing bandwidth;
Seamless compatibility to adapt to changing technologies - Alternative technologies and speeds;
Full narrative documentation explain the proposed solution;
Detailed graphical network design of the proposed solution;
Guaranteed uptime of 99.99%; and
Solution must include Proactive management and monitoring.
d) Critical Response
Redundancy Plan for all services (DR Plan);
Backups of all call logs for minimum period of 12 months;
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Channels for reporting issues;
8 x 5 telephonic support or remote VPN technical assistance; and
Backup power for electronic equipment at service provider’s facilities.
e) Integration with Internet Services (Fibre)
Capability for configuration (increasing or reducing) bandwidth;
Documentation explaining the proposed solution;
Guaranteed uptime of 99.99%;
Solution must include Proactive management and monitoring; and
Appropriate security services of the proposed solution must be explained.
f) Professional/Managed Support Services
Minimum of sixteen (16) hours per month at agreed rate, thereafter on full per hourly rate or
part thereof. Allow carryover of unused hours to the next month;
It is expected that the following will be conducted within the agreed upon 16 hours :
All software firmware updates;
All configuration updates / enhancements;
Technical support;
And any other Professional/Managed Support services (if required).
The bidder must have the ability to render technical support, call logging and troubleshooting on
8 x 5 during business hours;
The bidder must have the ability to maintain an availability of more than 99.99%;
The bidder must provide a real-time/online monitoring and reporting solution that should
include regular, detailed capacity reports showing the use of resources (LAN and WAN).
g) Additional Contractual Obligations during contract period
Solution must have the capability to be expanded to connect with additional office locations in
both rural and urban areas with the most reliable/stable connectivity technology available in
that area;
The successful Bidder will be invited to quote/bid any new additional site.
2.3 Constraints
The successful bidder will be responsible to ensure that any downtime during the cutovers are
minimized and outside of the Entity`s business hours; and
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The successful bidder will have forty five (45) consecutive days from the date of award to
implement the full solution.
2.4 Project Management
The bidder shall designate in their proposal, a project manager. All coordination for services with
the Entity and the bidder shall be the responsibility of the project manager.
Report to the Entity through a review process and meetings at various stages of the work
program. The work progress shall be measured against a defined budget and project plan.
The Entity recognizes that project management is an essential part of this project, therefore
written progress reports are required to be submitted and consist of the actual plan achieved
overlaid on the original base plan submitted by the bidder at the start up meeting. For instances
where the plan has not been achieved a brief written explanation as to why shall be included.
The progress report must be submitted as a hard copy and as an attachment to an electronic e-
mail.
The bidder shall meet; liaise with regulatory bodies, utilities, stakeholder groups, other levels of
government, and members of the community, as required.
Provide copies to the Entity of all correspondence related to the project including agreements
reached on behalf of the Entity.
3. SERVICE DELIVERY
3.1 Consultation with Entity
The Service Provider shall immediately upon receipt of notification of the award of the bid, arrange a
meeting with the Entity to discuss and agree the proposed project with the Entity regarding all logistics
and processes for implementation.
3.2 Service Level Agreement
On award bid, a Service Level Agreement (SLA) will be entered into between the entity and the
successful service provider which will stipulate the service levels agreed to between the parties and
the penalties payable. Should the Service Provider be unable to meet his/her obligations under the
contract, through circumstances which the Entity accepts to be beyond the control of the Service
Provider to do the work in which event the Service Provider shall ensure the continuation of the
service at a level agreed upon level as per the original agreement.
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3.3 Submission of accounts
The service Provider shall be required to invoice the Entity on the tendered rates in accordance with
the services provided.
4. EXECUTION CAPACITY
Bidders are required to submit a comprehensive proposal that should clearly indicate their capacity
to render required services effectively and efficiently. The following information must be submitted
in detail with the bid document:
4.1. A list of clients (within past three years from date of bid closure) is required as per the details
below.
Name of the Client Contract Amount Contract Duration Reference
4.2. Bidders are to submit with their bid documents, relevant reference letters on client letterheads
and completed questionnaires (1 and 2) from the same clients within the past THREE years –
See attached. Failure to provide References letters and completed questionnaires from the
same clients will result in ZERO points being allocated during evaluation. Non submission of
reference letters or questionnaires will also result in ZERO points being scored during
evaluation.
4.3. Where applicable bidders should submit certified copies of all partnerships/accreditations (if
required by Manufacturers).
4.4. The bidder must provide a draft project plan which must clearly show how the migration will
be rolled out the solution migration/implementation plan with timelines, milestones and a
detailed explanation of how the plan will be executed.
4.5. Bidders must provide a graphical design of the proposed solution, outlining the advantages and
relevant architectural strengths with a full narrative of how the proposed solution will operate.
4.6. Provide domicilium citandi et executandi (Physical Address-Attach Proof) and contact details of
office/s.
4.7. Bidders are required to submit a Company Profile with their proposal.
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4.8. Certified copies of B-BBEE Status Level Verification Certificate or Affidavit must be submitted in
order to qualify for preferential procurement points.
4.9. Bidders are required to submit a valid tax Clearance Certificate/Pin with their proposals.
4.10. Bidders must submit certified (certified by a Commissioner of Oaths) copies of their business
Founding Documents/Business Registration documents.
4.11. A signed resolution letter, must be submitted with the bid authorising the signatory to sign on
behalf of the business entity.
4.12. All suppliers must be registered on the National Treasury Central Supplier Database (CSD). Proof
of registration on CSD must be attached. Failure to provide proof of CSD registration will result
in the bid being regarded as non-responsive.
4.13. Sample of system generated reports –Screenshot/Status/Dashboard from the online
monitoring application
4.14. Bidders must provide a copy of the Disaster Recovery Plan (Internal or Out-sourced) with copies
of test results conducted within the past 24 months.
5. DURATION OF THE CONTRACT
The duration of the contract shall run over a period of three (3) years starting after the signing of the
Service Level agreement with the Entity.
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6. EVALUATION
All bids will be evaluated in terms of functionality and preference point system which comprises of
the following:
EVALUATION
Initial Screening Process Verification of bidders information on CSD and
Bid Compliance
Functionality Evaluation 100
Price Points 80
Preferential Procurement Points
(BBBEE) 20
6.1. Initial Screening Process
In terms of National Treasury instruction note 4A of 2016/17 regarding the National Central Supplier
Database (CSD), all bidders must register on the CSD to provide information to be verified through
the CSD. Bidder’s registration and information on CSD will be verified prior to further evaluation.
Bidders will also be screened for compliance with the bid requirements.
6.2. Functionality Evaluation
Bids will be evaluated strictly according to the bid evaluation criteria stipulated in the TOR. Bidders
must, as part of their bid documents, submit supportive documentation for all requirements as
indicated hereunder. The panel responsible for scoring the respective bids will evaluate and score all
bids based on their submissions and the information provided. The Bid Evaluation Committee (BEC)
will evaluate and score all responsive bids and will verify all documents submitted by bidders. Bidders
that fail to provide the information listed below under section 11, schedule of returnable
documents, will be disqualified. Bids that do not achieve a minimum score of 60 (out of 100) for
functionality will be disqualified.
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6.3. Price and BBEEE
Prices must be submitted in South African Rands inclusive of VAT. In terms of regulation 5 of the
Preferential Procurement Regulations, pertaining to the Preferential Procurement Policy Framework
Act, 2000 (Act 5 of 2000), responsive bids will be adjudicated on the 80/20 preference point for Broad
Based Black Economic Empowerment in terms of which points are awarded to bidders on the basis of:
a) The bid price (maximum 80 Points)
b) Broad Based Black Economic Empowerment as well as specific goals (maximum 20
Points)
The following formula will be used to calculate the points for price in respect of bidders with a rand
value up to R 50 000 000.00:
Where Ps = Points scored for price of tender under consideration;
Pt = Price of tender under consideration; and
Pmin = Price of lowest acceptable tender.
The preferential procurement regulations 2017 were gazetted on 20 January 2017, with effect from 1
April 2017. These regulations require bidders to provide relevant proof of their B-BBEE Status Level.
The 80/20 preference point systems will be applied in accordance with the formula and applicable
points provided for in the respective status level contributor tables in the Regulations.
B-BBEE STATUS LEVEL OF CONTRIBUTOR NUMBER OF POINTS (80/20 SYSTEM)
1 20
2 18
3 14
4 12
5 8
6 6
7 4
8 2
Non-compliant contributor 0
Bidders are required to submit original and valid B-BBEE Status Level Verification Certificates/Sworn
Affidavits or certified copies thereof together with their bids, to substantiate their B-BBEE preference
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point claims. None submission will result in zero scoring for preference points in this competitive
bidding process. A trust, consortium or joint venture (including unincorporated consortia and joint
ventures) must submit a consolidated B-BBEE Status Level Verification Certificate.
6.4. Presentations By Bidders
The KZNGBB reserves the right to request bidders to conduct a presentation/demonstration of their
proposal. Only bidders that have met the initial screening process may be requested to
present/demonstrate their proposal.
6.5. Declaration by Bidder
I/we, the undersigned hereby take note of the functionality set out. I/we accept that should I/we
default in any respect of this requirement, my bid will be evaluated as a nil return for submission in
terms of functionality of this bid.
__________________________________ ____________________
NAME OF BIDDER DATE
__________________________________
SIGNATURE OF BIDDER
APPOINTMENT OF A SERVICE PROVIDER TO PROVIDE AN OFF-SITE HOSTED VOIP TELECOMMUNICATIONS SOLUTION FOR A PERIOD OF 3 YEARS
KZNGBB-04/2019 PAGE: 65
6.6. Evaluation Grid
EVALUATION CRITERIA MAXIMUM
Track Record
Experience specifically with WAN and IP technologies (Company Profile with Detailed Company History) 5 or more years = 15 points 2-4 years = 10 points < 2 years = 5 point
15
Reference Letters on Client Letterheads (Must be within the past THREE years and references must complete the attached Questionnaires) 3 letters = 10 points 2 letters = 5 points
A. < 2 letters = 0 points
10
Implementation Plan
B. The bidder must provide the solution Project plan (including the Migration process) with timelines and a detailed explanation of how the plan will be executed.
C. Excellent = 15 points D. Very good = 10 points E. Satisfactory = 5 points F. Poor = 0 points
15
Network Design
Graphical design of the proposed solution, outlining the advantages and relevant architectural strengths with a full narrative of how the proposed solution will operate.
G. Excellent = 10 points H. Very good = 5 points I. Poor = 0 points
10
DR Plan
J. Copy of Disaster Recovery Plan with DR test results conducted within the past 24 months K. Excellent – 20 Points L. Good - 10 Points M. Poor - 0 Points
20
Local Economic Development
Locality of Business Only within KZN = 20 Other Province = 10 Outside South Africa = 0
20
OVERAL TOTAL SCORE 90
MIMIMUM THRESHOLD (60%) 54
APPOINTMENT OF A SERVICE PROVIDER TO PROVIDE AN OFF-SITE HOSTED VOIP TELECOMMUNICATIONS SOLUTION FOR A PERIOD OF 3 YEARS
KZNGBB-04/2019 PAGE: 66
7. CENTRAL SUPPLIERS DATABASE
All bidders are required to be registered on the National Treasury’s Central Supplier Database at the
date of close of the bid. No award will be made to any bidder who is not registered on the Central
Supplier Database. Bidders can register on the Central Supplier Database using the following link:
https://secure.csd.gov.za/
8. COMPULSORY BRIEFING SESSION
Date: 9 July 2019
Time: 14:00pm
9. BID CLOSING
9.1. The bid will close on 26 JULY @ 11h00. No late bids will be accepted.
9.2. It is the bidder’s responsibility to ensure their bid documents are deposited into the tender box
located at the address as specified in the bid document.
10. QUERIES
9.1. All queries in relation to the bid document must be addressed to Mrs N Blose on (033) 345 2714
or via email [email protected] on or before 12 July 2019.
9.2. All technical queries can be addressed to Mr. S.A Charles on (033) 345 2714 or via email
[email protected] on or before 12 July 2019.
11. SCHEDULE OF RETURNABLE DOCUMENTS
11.1 The bidder undertakes to adhere to the schedule of returnable documents as set out below.
11.2 Failure to comply fully with the schedule will impact on the evaluation of this bid.
APPOINTMENT OF A SERVICE PROVIDER TO PROVIDE AN OFF-SITE HOSTED VOIP TELECOMMUNICATIONS SOLUTION FOR A PERIOD OF 3 YEARS
KZNGBB-04/2019 PAGE: 67
11.3 To assist in the evaluation of the bid, bidders must submit their returnable documents as per
the list below.
No. Description
1 Company Profile
2 Project plan (including the Migration process) with timelines/timeframes, milestones, key tasks to be
performed, resources, deliverables and a detailed explanation of how the plan will be executed
3 Full Narrative documentation explaining the proposed solution
4 Detailed graphical design of the proposed solution
5 Reference Letters on Client Letterhead (within the past THREE(3) years)
6 Proof of Physical Address/Utility Bill/Councillor Letter - domicilium citandi et executandi
7 Original/Certified copies of B-BBEE Status Level Verification Certificate or B-BBEE Sworn Affidavit.
8 Valid Tax Clearance Certificate/Pin
9 Certified copies of Entity Founding Documents/Business Registration
10 Company Resolution Letter/Authority to Sign
11 Proof of CSD Registration
12 Sample of system generated reports - Screenshot/Status/Dashboard from the online monitoring
application
13 Completed questionnaires from THREE(3) verifiable/contactable references
14 Copy of Disaster Recovery Plan (Internal or Out-sourced) with copies of test results conducted within
the past 24 months
15 List of Clients as per table 4.1
12. PACKING OF BID
12.1 Bids are to be placed in a sealed envelope and must be clearly addressed as below. Bidders
must submit one original hard copy document, clearly marked “Original” and four (4)
hardcopies clearly marked “copies” (in total 5 copies).
12.2 Bids must be packaged and addressed as follows:
BID NO: KZNGBB-04/2019 APPOINTMENT OF A SERVICE PROVIDER TO PROVIDE AN OFF-SITE HOSTED VOIP TELECOMMUNICATIONS SOLUTION FOR A PERIOD OF 3 YEARS
NAME OF BIDDER ADDRESS OF BIDDER CLOSING DATE AND TIME
APPOINTMENT OF A SERVICE PROVIDER TO PROVIDE AN OFF-SITE HOSTED VOIP TELECOMMUNICATIONS SOLUTION FOR A PERIOD OF 3 YEARS
KZNGBB-04/2019 PAGE: 68
13. PRICING
13.1 Kindly ensure that total pricing is populated in the tables below, clearly indicating ALL once-
off, monthly and variable charges. Clearly cross reference ALL supporting attachments back to
this table. Service Providers must also provide a detailed price proposal with their response.
ITEM DESCRIPTION UNIT PRICE (Incl.
VAT)
TOTAL PRICE (INCL
VAT)
1 ONCE-OFF CHARGES
1.1 Setup & Configuration
1.1.1 Installation at Head Office R R
1.1.2 Installation at branches R R
1.2 Other (specify or attach): R R
2 MONTHLY CHARGES
2.1 Maintenance and Support Fees R R
2.2 Other (specify or attach): R R
Sub-total R
VAT R
Total Price R
PERIOD % ESCALATION TOTAL PRICE (INCL VAT)
MONTHS 1-12 0 % R
MONTHS 13-24 % R
MONTHS 25-36 % R
GRAND TOTAL R
APPOINTMENT OF A SERVICE PROVIDER TO PROVIDE AN OFF-SITE HOSTED VOIP TELECOMMUNICATIONS SOLUTION FOR A PERIOD OF 3 YEARS
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13.2 Important: It is mandatory to indicate your total bid price as requested above. This price must
be the same as the total bid price you submit in your pricing schedule. Should the total bid
price differ, the one indicated above shall be considered the correct price.
13.3 All prices must be VAT inclusive and must be quoted in South African Rand (ZAR).
13.4 Are the rates quoted firm?
13.5 If not firm for the full period, provide details of the basis on which adjustments shall be applied
e.g. CPI, and also details of the cost breakdown.
13.6 The cost of delivery, labour etc. must be included in this proposal.
13.7 Price adjustments used will NOT be more than 15% of the original bid price.
13.8 All additional costs must be clearly specified.
Y N
ACCEPTANCE
Y N
Y N
Y N
APPOINTMENT OF A SERVICE PROVIDER TO PROVIDE AN OFF-SITE HOSTED VOIP TELECOMMUNICATIONS SOLUTION FOR A PERIOD OF 3 YEARS
KZNGBB-04/2019 PAGE: 70
KZNGBB OFF-SITE HOSTED TELECOMMUNICATION TENDER
Questionnaire 1
Name of Institution:
Name:
Surname:
Rank:
Telephone:
Email Address:
Name of Bidder:
Rate the MANAGED SERVICES received
CUSTOMER NAME: TICK (√) ONLY ONE ANSWER
No Question Good Average Poor
1 Quality of the Meetings (Agenda & Minutes)
2 Support / Helpline / Contact Centre (as agreed)
3 SLA efficiency on problem resolution
4 Proactive / Critical Updates
5 Remote Support
Comments:
Company Stamp:
Signed:
Date:
APPOINTMENT OF A SERVICE PROVIDER TO PROVIDE AN OFF-SITE HOSTED VOIP TELECOMMUNICATIONS SOLUTION FOR A PERIOD OF 3 YEARS
KZNGBB-04/2019 PAGE: 71
KZNGBB OFF-SITE HOSTED TELECOMMUNICATION TENDER
Questionnaire 2
Name of Institution:
Name:
Surname:
Rank:
Telephone:
Email Address:
Name of Bidder:
Rate the monitoring system REPORTING SERVICES
CUSTOMER NAME: TICK (√) ONLY ONE
ANSWER
No Question Good Average Poor
1 Quality of the Meetings (Agenda & Minutes)
2 Support / Helpline / Contact Centre (as agreed)
3 SLA efficiency on problem resolution
4 Proactive / Critical Updates
5 Remote Support
Comments:
Company Stamp:
Signed:
Date: